07/11/2025
The Kerala High Court ruled that a Muslim man cannot proceed to register a second marriage under the Kerala Registration of Marriages (Common) Rules, 2008 without first informing his existing wife, so long as the first marriage remains valid.
The bench emphasised that while Muslim personal law allows polygamy in certain circumstances, it “does not permit a second marriage to be registered without giving the first wife an opportunity to be heard”.
THe bench emphasised that while Muslim personal law allows polygamy in certain circumstances, it “does not permit a second marriage to be registered without giving the first wife an opportunity to be heard”. It noted that constitutional rights supersede religious norms, stating “religion is secondary, rights are supreme”. The court dismissed the petition of the man and his second wife, asking them to re-apply after properly notifying the first spouse.
