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Kerala High Court Orders Notice to First Wife Before Registering Muslim Man’s Second Marriage

The court said constitutional guarantees take precedence over personal law at the registration stage.

Overview

  • The ruling directs registrars under the 2008 Kerala Registration of Marriages (Common) Rules to verify prior marital status and issue notice to the existing spouse.
  • If the first wife objects on grounds of invalidity, the registrar must withhold registration and refer the parties to a competent civil court.
  • The bench underscored that equality and non-discrimination protections under Articles 14 and 15 govern civil registration procedures.
  • The writ petition by a man and his second wife was dismissed because the first wife was not made a party to the proceedings.
  • The case involved a subsisting, registered first marriage and a second union solemnized by custom, with the petitioners seeking registration to secure property rights for two children from the later relationship.