By Admin 
Kerala High Court has said an important thing regarding the second marriage of a Muslim man. The court has said that if a Muslim man wants to marry a second wife despite having a first wife, then the opinion of the first wife should also be listened to. The court said that in such a situation religion comes later. The judge also said that 99.99 percent of Muslim women would be against the second marriage of their husbands.
According to Bar and Bench report, the court said that for second marriage, consent of the first wife should be taken and when the question of registration of second marriage comes, ceremonial laws are not applicable. The court said this while refusing to hear the petition filed by a Muslim man and his second wife. The couple had requested for direction to the state government to register their marriage. Rejecting this petition, the court said that the man’s first wife was not a party, hence the petition cannot be considered.
The petitioner says that he tried to register the second marriage, but the department refused. The husband said that marriage involves the consent of the first wife. On this, the court said that the registration officer can hear the side of the first wife and if she opposes the husband’s second marriage, the concerned civil officer can approach the court.
High Court judge Justice PV Kunhikrishnan said, ‘I do not think that the Quran or Muslim law allows marital relations with another woman under the Kerala Marriage Registration-2008, if the first wife is alive and the marriage remains intact, while the first wife has no knowledge of it.’ He said that the first wife cannot remain a silent spectator during the registration of the husband’s second marriage.
Justice Kunhikrishnan said that the feelings of the first wife cannot be ignored. The court said that under Muslim law, second marriage is allowed under special circumstances. Personal law allows second marriage, but in case of registering second marriage, only the law of the country will apply and in such a situation, it is necessary to give the first wife a chance to present her side.
Justice Kunhikrishnan said that he was sure that 99.99 percent of Muslim women would be against the second marriage of their husbands. He said that Muslim women should also get the right to be heard if their husbands remarry.