‘Religion Cannot Override Law’: Kerala High Court Rejects Man’s Plea To Register Second Marriage

The Kerala High Court has denied relief to a 44-year-old Muslim man from Kannur who sought legal registration of his second marriage. The man, who had married another woman in 2017 with his first wife’s consent, approached the court after a local panchayat refused to register the second marriage.

Justice P.V. Kunhikrishnan, while dismissing the plea, emphasized that “religion is secondary, and constitutional rights are supreme.” He stated that although personal law may permit a second marriage, the process of registration must adhere to the principles of natural justice, ensuring that the first wife has an opportunity to be heard.

The court made it clear that the first wife cannot remain a “silent spectator” during the registration of her husband’s second marriage. It further directed that if the petitioner reapplies, the Registrar of Marriages must notify the first wife. Should she object, the couple would need to seek a judicial declaration on the validity of the second marriage.

Justice Kunhikrishnan also noted that Islamic teachings promote fairness and transparency in marital relationships, and do not endorse extramarital ties without the knowledge or consent of the first wife. He underscored that civil law must prevail in matters where religious practices intersect with constitutional rights.