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Kerala High Court: First Wife Must Be Heard Before Registering Muslim Man’s Second Marriage

The court placed constitutional safeguards above personal law in the marriage registration process.

Overview

  • The order directs registrars to notify the first wife before processing a second-marriage application under the 2008 Rules.
  • If the first wife objects alleging invalidity, the registrar must withhold registration and refer the parties to a competent civil court.
  • The bench stressed that constitutional equality protections under Articles 14 and 15 prevail during civil registration, stating that religion is secondary.
  • The court dismissed the writ by a Kannur man and his second wife after a local registrar refused registration, noting the first wife was not a party to the case.
  • Registrars must verify prior marital status under Rule 11 and cannot decide validity, and the judgment frames notice as safeguarding maintenance and property rights for spouses and children.