Kerala High Court Ruling on Registration of Muslim Man’s Second Marriage
It is most pragmatic and so also certainly in the fitness of things that the Kerala High Court at Ernakulam in a most learned, laudable, landmark, logical and latest judgment titled XXXX & Anr v. State of Kerala & Ors in WP(C) No. 26010 of 2025 and cited in Neutral Citation No.: 2025:KER:82441 that was pronounced as recently as on October 30, 2025 has minced absolutely just no words to hold in no uncertain terms that when a Muslim man seeks to register his second marriage under the Kerala Registration of Marriages (Common) Rules, 2008, the first wife must be given an opportunity to be heard.
It was also held that since the first wife was not made a party to the writ petition, it dismissed the plea. To put it differently, the Kerala High Court has thus made it indubitably clear that notice to the first wife was mandatory for registering Muslim man’s second marriage. It was also clarified by the Kerala High Court that if the petitioners apply afresh, the Registrar must issue a notice to the first wife before taking a decision on registration.
Key Legal Questions Raised by the Court
Initial Legal Conundrum
At the very outset, this brief, brilliant, bold and balanced judgment authored by the Single Judge Bench comprising of Hon’ble Mr Justice PV Kunhikrishnan of the Kerala High Court at Ernakulam sets the ball in motion by first and foremost putting forth in para 1 that,
“A legal conundrum arises in this case regarding the registration of a Muslim man’s second marriage, in accordance with the Kerala Registration of Marriages (Common) Rules 2008 (hereinafter referred to as Rules 2008), when his first marriage to another woman is in existence. Whether notice is necessary to the first wife for the purpose of registering the second marriage before the Local Self Government Institutions in accordance with the Rules 2008 is the first question to be decided. In such a situation, if the first wife objects to the registration of the second marriage, stating that the second marriage is invalid, what is the remedy for the husband? This is the next question to be decided.”
Facts of the Case
To put things in perspective, the Bench while elaborating on the facts of the case envisages in para 2 stating that,
“I will narrate the facts in this case first: The 1st petitioner married a lady, and in that relationship, there were two children. The said marriage was registered before the jurisdictional registering authority. While the said marriage was subsisting, the 1st petitioner met the 2nd petitioner and gradually that relationship developed into a love relationship. Thereafter, according to the 1st petitioner, with the consent of his first wife, he married the 2nd petitioner and the marriage was solemnised on 17.08.2017 as per the Muslim religious custom. It is submitted that, thereafter, the petitioners 1 and 2 were living together as husband and wife. Ext.P1 is a letter from P. A. Aboobakker Musaliar stating that he was present at the time of the solemnization of the marriage of the petitioners.
- The 2nd petitioner was previously married to one Hameedh C, Son of Mohammed Kunji
- Two children were born in that wedlock
- Due to differences, Mr Hameedh C pronounced Talaq
- An agreement was executed regarding separation
- Thereafter, she married the 1st petitioner
Children & Registration Request
“In the relationship between the petitioners, two children were born to them, and both children are minors. Exts. P2 and P3 are the birth certificates of the petitioners’ children. It is submitted by the petitioners that, considering the future of the children and for getting the lawful right of the property of the 1st petitioner to the 2nd petitioner and her children, the 1st and 2nd petitioners decided to register their marriage before the Local Self Government Institution, which is the registering authority.
Petitioners’ Grievance:
- Registrar not providing any valid reason to refuse registration
- They rely on Muslim Personal Law which allows up to four wives
Writ Petition Requests:
- Direction to register marriage
- Grant other appropriate reliefs
Bench Notes on Islamic Law
“In this case, admittedly, the 1st petitioner married another woman and in that relationship, he has two children ... Of course, it is true that a second marriage is possible under Muslim Law, but only in specific situations.”
Final Ruling & Core Principle
Fundamental Principle of Natural Justice
Finally and far most significantly, the Bench then encapsulates in para 10 what constitutes the real cornerstone of this notable judgment:
“Therefore, the Registrar is not vested with the power to decide the validity of the marriage. The question is, when a muslim man marries again ... an opportunity of hearing should be given to the first wife for the registration.
... If the first wife objects ... the registrar shall not register the second marriage, and the parties should be referred to the competent court to establish the validity ...
... Religion is secondary and constitutional rights are supreme ... Article 14 and Article 15 uphold equality ...
... This writ petition need not be entertained because the first wife is not even a party to this case. Therefore, this writ petition is dismissed.”
Sanjeev Sirohi, Advocate,
s/o Col BPS Sirohi, A 82, Defence Enclave,
Sardhana Road, Kankerkhera, Meerut - 250001, Uttar Pradesh.
