The Kerala High Court here has ruled that if a Muslim man wants to register his second marriage under the Kerala Registration of Marriages (Common) Rules 2008, while his earlier one is still in existence, his first wife should also be heard on whether she is agreeable to it or not.
While making the ruling, Justice P V Kunhikrishnan also said that in such situation religion is secondary and constitutional rights are supreme.
Therefore, “customary law is not applicable when the question of registering a second marriage arises”, the judge said.
Justice Kunhikrishnan also said, “I don’t think that the Holy Quran or the Muslim Law permits an extramarital relationship with another lady when his first wife is alive and his first marriage with her is in existence, and that also, without the knowledge of his first wife.”
The court’s observations came while declining to entertain a plea moved by a man and his second wife seeking directions to the state government to register their marriage.The Kerala High Court here has ruled that if a Muslim man wants to register his second marriage under the Kerala Registration of Marriages (Common) Rules 2008, while his earlier one is still in existence, his first wife should also be heard on whether she is agreeable to it or not.
While making the ruling, Justice P V Kunhikrishnan also said that in such situation religion is secondary and constitutional rights are supreme.
Therefore, “customary law is not applicable when the question of registering a second marriage arises”, the judge said.
Justice Kunhikrishnan also said, “I don’t think that the Holy Quran or the Muslim Law permits an extramarital relationship with another lady when his first wife is alive and his first marriage with her is in existence, and that also, without the knowledge of his first wife.”
The court’s observations came while declining to entertain a plea moved by a man and his second wife seeking directions to the state government to register their marriage. Latest News [ SOBAN NEWS: International and National ]