Kochi: The Kerala High Court dismissed the petition of a Muslim man who sought registration of his second marriage without permission from his first wife with whom he had two children, media reports said.
The petitioner had two children from his second wife whom he married in 2017. The couple moved the court challenging the decision of the local panchayat to reject the petitioners’ application to register their marriage to protect the property rights of the children begotten through the second marriage.
The Kerala High Court recently observed that the second marriage cannot be registered under the Kerala Registration of Marriages (Common) Rules, 2008, without first notifying and hearing his first wife.
Polygamy is allowed by Muslim personal law, which cannot override the constitutional principles of equality and fair hearing, the court observed.
If the first wife objects to registration of the second marriage, then the registrar must refer the case to a competent civil court to establish its validity under their personal law.
Constitutional rights cannot be ignored in the name of religious freedom, the Court said.
The Court dismissed the writ plea since the first wife was not made a party to the proceedings but allowed the petitioners to reapply for registration, directing that notice be issued to the first wife if they did so.
Kerala High Court
The Court was hearing a writ petition filed by a Muslim man and his second wife challenging the Thrikkaripur Grama Panchayat’s refusal to register their marriage.
