Sharia vs Civil Law: Second marriage of Muslim man can’t be registered without hearing the first wife, says Kerala HC
July 6, 2026
  • Read Ecopy
  • Circulation
  • Advertise
  • Careers
  • About Us
  • Contact Us
Android AppiPhone AppArattai
Organiser
  • ‌
  • Bharat
    • Assam
    • Bihar
    • Chhattisgarh
    • Jharkhand
    • Maharashtra
    • View All States
  • World
    • Asia
    • Europe
    • North America
    • South America
    • Africa
    • Australia
  • Editorial
  • International
  • Opinion
  • RSS @ 100
  • More
    • Op Sindoor
    • Analysis
    • Sports
    • Defence
    • Politics
    • Business
    • Economy
    • Culture
    • Special Report
    • Sci & Tech
    • Entertainment
    • G20
    • Azadi Ka Amrit Mahotsav
    • Vocal4Local
    • Web Stories
    • Education
    • Employment
    • Books
    • Interviews
    • Travel
    • Law
    • Health
    • Obituary
  • Subscribe
    • Subscribe Print Edition
    • Subscribe Ecopy
    • Read Ecopy
  • ‌
  • Bharat
    • Assam
    • Bihar
    • Chhattisgarh
    • Jharkhand
    • Maharashtra
    • View All States
  • World
    • Asia
    • Europe
    • North America
    • South America
    • Africa
    • Australia
  • Editorial
  • International
  • Opinion
  • RSS @ 100
  • More
    • Op Sindoor
    • Analysis
    • Sports
    • Defence
    • Politics
    • Business
    • Economy
    • Culture
    • Special Report
    • Sci & Tech
    • Entertainment
    • G20
    • Azadi Ka Amrit Mahotsav
    • Vocal4Local
    • Web Stories
    • Education
    • Employment
    • Books
    • Interviews
    • Travel
    • Law
    • Health
    • Obituary
  • Subscribe
    • Subscribe Print Edition
    • Subscribe Ecopy
    • Read Ecopy
Organiser
  • Home
  • Bharat
  • World
  • Operation Sindoor
  • Editorial
  • Analysis
  • Opinion
  • Culture
  • Defence
  • International Edition
  • RSS @ 100
  • Magazine
  • Read Ecopy
Home Bharat

Sharia vs Civil Law: Second marriage of Muslim man can’t be registered without hearing the first wife, says Kerala HC

Court rules that constitutional principles override personal law during registration; says ‘a Muslim woman cannot be a silent spectator’ to her husband’s second marriage

WEBDESKWEBDESK
Nov 5, 2025, 12:00 pm IST
in Bharat, Kerala
Follow on Google News
A representative image

A representative image

FacebookTwitterWhatsAppTelegramEmail

In a landmark judgment that underscores the supremacy of constitutional law over religious customs, the Kerala High Court has ruled that a Muslim man’s first wife must be heard before his second marriage can be registered under the Kerala Registration of Marriages (Common) Rules, 2008.

Justice P.V. Kunhikrishnan, delivering the verdict, held that while Sharia or Muslim personal law permits polygamy under certain conditions, those permissions cannot bypass the constitutional obligations of fairness, equality, and due process when the marriage is to be registered under civil law.

The ruling came while hearing a writ petition filed by a Muslim man and his second wife, challenging a registrar’s refusal to register their marriage. The petitioner’s first marriage remains valid and was already registered; he also has two children from that union. The couple sought registration of the second marriage to secure property rights for their children from the second relationship.

However, the Registrar of Marriages rejected the application on legal grounds, noting that the first wife’s consent or participation had not been recorded, a procedural requirement under Rule 11 of the Kerala Registration of Marriages (Common) Rules, 2008), which mandates verification of marital status before registering a new marriage.

Justice Kunhikrishnan dismissed the plea, stating that the first wife’s voice cannot be ignored in such proceedings.

“A Muslim first wife cannot be a silent spectator to the registration of her husband’s second marriage,” the court noted.

The court clarified that even if Sharia law permits multiple marriages, civil registration must respect constitutional safeguards. If the first wife raises objections to the validity of the second marriage, the registrar is duty-bound to withhold registration and refer the matter to a competent court to determine its legality under religious customary law.

“If the first wife objects to the registration of the second marriage alleging that it is invalid, the registrar shall not register it, and the parties must approach a competent court,” the order stated.

Justice Kunhikrishnan emphasised that constitutional protections under Articles 14 and 15, which guarantee equality and prohibit gender discrimination, must take precedence when personal law conflicts with the principles of justice and dignity.

“The first wife must not be neglected or treated cruelly. The husband’s right to a second marriage cannot override the woman’s right to equality and dignity,” the judge said.

The court added that registration of marriage is a civil, secular act, and therefore must comply with state and constitutional laws, even if the marriage itself is solemnised under religious norms.

Legal scholars have hailed the verdict as a progressive balancing of Sharia and constitutional jurisprudence, reinforcing the idea that personal law cannot operate in isolation from the nation’s constitutional framework.

The judgment sets a significant precedent for marriage registrars across Kerala and potentially other states, ensuring that Muslim women are heard and protected in cases involving polygamous unions.

Notably, the ruling strengthens the rights of Muslim women to challenge arbitrary second marriages that could affect their financial, emotional, or social security, while reaffirming that constitutional morality must guide all acts of civil registration.

Topics: Kerala High CourtMuslim Personal Lawsecond marriage registrationfirst wife rightsJustice PV KunhikrishnanKerala Registration of Marriages Rules 2008
ShareTweetSendShareSend
✮ Subscribe Organiser YouTube Channel. ✮
✮ Join Organiser's WhatsApp channel for Nationalist views beyond the news. ✮
Previous News

Bilaspur train tragedy: Passenger train collides with goods train, eight dead; Probe points to signal violation

Next News

Bihar: Rahul Gandhi faces backlash for saying ‘10% population controls the army’; BJP demands apology

Related News

Farman Khan (File Photo)

Madhya Pradesh POCSO Court rejects Farman Khan’s anticipatory bail in Kumbh Mela girl case

Scuffle at the Tiruvananthapuram Municipal Corporation on June 25

Keralam: Nine BJP councillors injured as CPM protest demanding Mayor’s resignation turns violent at Thiruvananthapuram

BJP councillors of the Tiruvananthapuram Corporation during the re-oath-taking ceremony

Keralam: BJP councillors retake oath after High Court verdict; CPM plea to cancel elections dismissed

Keralam’s former Industries Secretary, Mohammed Haneesh IAS (Right Side)

Keralam Cashew Scam: Former Industries Secretary Md Haneesh apologises before High Court after contempt proceedings

Keralam High Court Building (Left) - AI Image (Right)

Keralam HC upholds 20-yr term for Madrasa teacher Rashid in POCSO case, rejects Sunni-Mujahid-Jamaat rivalry claim

Kerala HC rejects CMRL appeal, clears way for ED probe against Pinarayi Vijayan’s daughter in money laundering case

Load More

Latest News

A representative image

Maharashtra: Man posed as millionaire on matrimonial site, raped woman and duped her of Rs 41 lakh

Police said the autopsy would determine the exact cause of death and whether she had been sexually assaulted.

West Bengal: 11-year-old abducted, found dead in South 24 Parganas; Public outrage leads to lynching of suspect

Karnataka to Mandate Live CCTV Streaming in Daycare Centres After Bengaluru Abuse allegations

Capgemini Daycare Horror: Toddlers locked in bathroom, Karnataka orders live CCTV access for parents

Dr Syama Prasad Mookerjee's enduring legacy in education and Atmanirbhar Bharat (This image is generated by AI)

Dr Syama Prasad Mookerjee’s resonance with NEP 2020 and Atmanirbhar Bharat

MP leads nation in Waqf Reforms, appoints two Hindus to State Board

Madhya Pradesh becomes first state to appoint two Hindu members to Waqf Board under new law

July 6 & 7, 1987 | Punjab to Haryana: 48 hours of Khalistani terror that shook India

Dr. Syama Prasad Mukherjee Birth Anniversary: The man who gave Bengali Hindus a homeland

Academic Jihad In J&K exposed

Jihad in Academic domain: FIR registered under UAPA; Fazil Imran led in selection of books glorifying terrorists

The seized drugs

Keralam: Police uncover Hamas-like secret chamber during drug seizure in Wayanad; ‘Masha Allah’ sticker above door

How Saurabh Bothra built Rs 112 crore worth wellness empire & sparked global yoga revolution

Load More
  • Privacy
  • Terms
  • Cookie Policy
  • Refund and Cancellation
  • Delivery and Shipping

© Bharat Prakashan (Delhi) Limited.
Tech-enabled by Ananthapuri Technologies

  • Home
  • Search Organiser
  • Bharat
    • Assam
    • Bihar
    • Chhattisgarh
    • Jharkhand
    • Maharashtra
    • View All States
  • World
    • Asia
    • Africa
    • North America
    • South America
    • Europe
    • Australia
  • Editorial
  • Operation Sindoor
  • Opinion
  • Analysis
  • Defence
  • Culture
  • Sports
  • Business
  • RSS @ 100
  • Entertainment
  • More ..
    • Sci & Tech
    • Vocal4Local
    • Special Report
    • Education
    • Employment
    • Books
    • Interviews
    • Travel
    • Health
    • Politics
    • Law
    • Economy
    • Obituary
  • Subscribe Magazine
  • Read Ecopy
  • Advertise
  • Circulation
  • Careers
  • About Us
  • Contact Us
  • Policies & Terms
    • Privacy Policy
    • Cookie Policy
    • Refund and Cancellation
    • Terms of Use

© Bharat Prakashan (Delhi) Limited.
Tech-enabled by Ananthapuri Technologies