Muslim man must notify 1st wife to register 2nd marriage: Kerala HC

KOCHI: A Muslim antheral cannot registry his 2nd matrimony nether Kerala Registration of Marriages (Common) Rules, 2008, without notifying his archetypal woman arsenic agelong arsenic his marital narration with her is valid, Kerala HC has held.Justice P V Kunhikrishnan passed this bid connected Oct 30 connected a petition filed by a Kannur antheral (44) and his 2nd woman (38) from Kasaragod, challenging the determination of the registrar of a section self-govt instauration to diminution to registry their marriage. The petitioners argued that nether Muslim idiosyncratic law, a antheral is entitled to person up to 4 wives astatine a time.HC held that the registrar shall not registry a 2nd matrimony if the archetypal woman objected connected the grounds that it was invalid.

Instead, the parties indispensable beryllium referred to the competent civilian tribunal to found the validity of the marriage.Even nether Muslim idiosyncratic law, a antheral whitethorn wed a 2nd clip lone nether circumstantial conditions, HC observed. It noted that neither the Holy Quran nor Muslim instrumentality permitted a antheral to person an extramarital narration oregon to declaration different matrimony without the cognition of his archetypal wife. HC noted that a Muslim woman could not stay a soundless spectator. "In specified matters, religion is secondary and law rights are supreme," HC said, adding that "99.99% of Muslim women volition beryllium against their husband's 2nd matrimony erstwhile their marital narration is inactive successful existence.

"HC besides held that nether Muslim idiosyncratic law, a antheral whitethorn wed much than 1 woman lone if helium has the means to support them. The seat subsequently dismissed the petition, noting that the archetypal woman had not been made a enactment to the case.