In a landmark judgment upholding gender equality and constitutional supremacy, the Kerala High Court has ruled that the first wife of a Muslim man must be given an opportunity to be heard before his second marriage can be registered under the Kerala Registration of Marriages (Common) Rules, 2008.
Justice P. V. Kunhikrishnan observed that while Muslim Personal Law permits a man to have multiple wives under certain circumstances, the first wife cannot be a silent spectator during the registration process of a subsequent marriage. “Religion is secondary; constitutional rights are supreme,” the court stated, reinforcing that gender equality is a constitutional right, not a religious privilege.
“Let Muslim Women Also Have a Voice”
The court emphasized that before registering a second marriage, officials must give the first wife a chance to express her stance, as “99.99% of Muslim women will be against their husband’s second marriage when their relationship is still in existence.”
“If the first wife objects to the registration, the registrar must not proceed,” the order said. “The parties should then be referred to a competent court to establish the validity of the second marriage as per religious and customary law.”
Petition Dismissed for Non-Inclusion of First Wife
The ruling came in response to a petition filed by Muhammad Shareef of Kannur and his second wife, challenging a Thrikkaripur grama panchayat decision refusing to register their marriage. The couple argued that Muslim Personal Law allows a man to have up to four wives and that the second marriage had taken place with the first wife’s consent.
However, the court refused to accept the plea since the first wife was not made a party to the case. Justice Kunhikrishnan noted that neither the Quran nor Muslim Law authorizes a man to take another wife without informing or obtaining consent from his existing spouse.
Gender Equality Above All
“The Holy Quran is silent about the consent of the first wife for a second marriage,” the court said. “However, it does not prohibit seeking consent or at least informing her. Equality in gender is a constitutional right. Men are not superior to women. Gender equality is not a women’s issue but a human issue.”
The judgment sets a powerful precedent — ensuring that the rights of Muslim women are not overridden under the guise of personal law, and reaffirming that constitutional values take precedence over religious privilege in matters affecting personal liberty and equality.
