A Muslim man must obtain consent from his first wife before entering a second marriage : Kerala High Court

The High Court clarified that this requirement is also mentioned in the Quran and Islamic laws !

New Delhi – The Kerala High Court has ruled that if a Muslim man wishes to register a second marriage while his first marriage is still valid, it is necessary to determine whether his first wife agrees to it before the registration process can proceed.

The judgment came in response to a petition filed by a man and his second wife, requesting the court to direct the state government to register their marriage. The court dismissed the petition because the first wife was not made a party to the case.

1. The court stated that under Muslim personal law, a second marriage is permitted only under specific circumstances. The first wife cannot be treated as a mere spectator. In such cases, constitutional rights must take precedence over religious customs. Therefore, when it comes to registering a second marriage, the court will consider constitutional justice rather than traditional personal law. The feelings and rights of the first wife cannot be ignored.

2. The court further clarified that the Marriage Registrar has the authority to hear the first wife’s side before registering the second marriage. If the first wife objects and states that the second marriage is invalid, the matter can be forwarded to a civil court.

No approval in the Quran or Muslim law !

The judges noted that even in the Quran and Muslim personal law, a man is not permitted to marry another woman without the knowledge of his first wife if she is alive and still in the marital relationship. Therefore, the first wife must be given an opportunity to present her stand before a second marriage is registered. The court added that 99.99% of Muslim women would not approve of their husbands marrying again while they are still married.

Editorial Perspective

Will Muslims accept this decision of the High Court ? If this rule already exists in their religious texts, then it must be said that it is not being followed !