Registration only if first wife agrees; HC with landmark ruling regarding Muslim men's second marriage

KOCHI: The High Court has ruled that the second marriage of a Muslim man who has not dissolved his first marriage should not be registered if the first wife objects. The first wife should be heard by the concerned authority before registering the second marriage. The first wife should not be made a silent witness. In the proceedings under the laws and regulations of the country, it is the Constitution that tops, not religious laws. The Constitution should be respected while applying for legal proceedings.

Justice P.V. Kunhikrishnan's observation was made in the order dismissing the petition filed by Kannur Kurumathur native Muhammed Sharif (44) and his second wife, Abida (38), from Kasaragod, against the panchayat that denied marriage registration. This is the second marriage of the petitioners. They got married in 2017 according to religious customs. Abida had been divorced by her first husband. However, Sharif's first marriage was not dissolved. The Thrikaripur panchayat secretary rejected the marriage registration, citing this. The petitioners argued that polygamy is permitted under the Muslim Personal Law.

Men have no supremacy

The court said that it is necessary to hear the first wife to know whether justice was done to her. "99.99% of Muslim women will be against their husband marrying another woman while continuing the relationship with her. Gender equality is a constitutional right. The man has no supremacy. The information of other wives should be recorded in the registration form," the court pointed out.

"The Quran also does not say that the consent of the first wife is not required for a second marriage. Muslim men can have other marriages. But if it is to be registered, the first wife must be heard. There is no problem if the first wife was divorced. In this case, the petitioners can file a fresh application in the panchayat. Then the authorities should issue a notice to the first wife to appear for the hearing. If she objects to the second marriage, the matter should be referred to the court," the court said.