Can’t a Muslim man marry without informing his first wife, what is the law?

Admin — Thu, 06 Nov 2025 16:42:46 +0000

Kerala High Court has given an important decision. In fact, the Kerala High Court gave a historic decision saying that a Muslim man cannot register his second marriage without informing his first wife. As long as the first marriage is valid and the wife is alive. The court has made it clear that before registering the second marriage, it will be necessary for the man to send a notice to his first wife and obtain her consent. If the first wife objects to this, the registrar will have to send the case to the civil court to confirm the validity of the second marriage. The court has cited Kerala Marriage Registration Rules 2008 for this.

What was the matter?

This decision of the Kerala High Court came on the petition of a Muslim man and his second wife. Who had challenged the decision of Thrikkaripur Gram Panchayat of Kasargod district of Kerala. The Panchayat had refused to register the man’s second marriage. The petitioner had admitted that he had a first wife and two children. He claimed that he had married for the second time in 2017 only with the consent of his first wife and he only wanted to secure the property rights of his second wife and the children born to him. On this petition, Justice PV Kunhikrishnan said that Muslim personal law allows a man to have more than one marriage. But this cannot take away anyone’s constitutional right to a normal and fair trial.

Kerala High Court said that when a man wants to register a marriage, he should respect the constitutional orders. According to the rules of 2008, a Muslim man cannot register his second marriage without informing his first wife, with whom his marriage is still valid. The court further said that if a husband neglects his wife, does not maintain her or tortures her and then marries a second time citing personal law, then it would be fair to give the first wife a chance to be heard. Justice Kunhikrishnan said that gender equality is a constitutional right of every citizen; At the same time, men are not superior to women in this, it is not only a women’s issue but also a human issue.

Court’s comment on Quran and Shariat also

The court said that according to the Quran, more than one marriage is valid but the husband has to do justice to all the wives. Although the Quran does not require the consent of the first wife for a second marriage, informing her and taking her opinion is in line with the principles of justice and transparency. The court found that the petitioner did not make his first wife a party in the case, hence his petition was rejected.

However, the court has allowed that he can apply for re-registration. In such a situation, the register will have to send a notice to the first wife and give her an opportunity to present her views. At the same time, this decision of the court is being considered as a news of relief for those women whose husbands remarry without their knowledge. The High Court has made it clear that constitutional rights are above personal law and no woman’s rights can be taken away without hearing her.

Also read: Bihar Assembly Election 2025: How does EVM work in areas where there is no electricity? Is voting conducted through ballot paper?

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The husband is very suspicious… can the wife ask for divorce on this basis, know what the law says?

Admin — Sat, 01 Nov 2025 03:59:07 +0000

Nowadays, many cases of divorce are coming to light in India, the reasons for which are also different. Sometimes mutual differences between husband and wife and sometimes an affair of one of them becomes a major reason for this. But amid all this, a question often arises whether the wife can ask for divorce even if the husband has a lot of suspicion. In fact, recently a similar case has come to light from Kerala, in which the High Court has given a big and important decision on this issue. The court has made it clear that if the husband constantly suspects his wife, keeps an eye on her every activity and interferes with her freedom, then it comes under the ambit of serious mental cruelty. In such a situation, let us now tell you whether the wife can ask for divorce on the basis of whether the husband is very suspicious and what does the law say about it?

What was the whole matter?

Actually this matter is from Kottayam, Kerala. According to reports, the woman got married in the year 2013 and she also has a daughter. The woman told the court that her husband started doubting her from the initial days of their marriage. She felt bad if she talked to a man, so much so that her husband forced the woman to leave her nursing job due to suspicion. The woman told the court that when she went abroad with her husband, his behavior became worse. He often locked her in the room, did not allow her to talk to anyone on the phone and sometimes even beat her. At the same time, the woman’s husband called the woman’s accused a liar and accused the woman of presenting exaggerated stories in the court. But the court accepted the wife’s testimony as true.

High Court gave important decision

Before the High Court, a woman from Kerala had filed her petition in the Family Court, but the Family Court had rejected the woman’s petition. After which the High Court overturned the decision of the Family Court. The High Court said that a suspicious husband can make any married life hell. Constant doubt and trust poison the foundation of marriage. The High Court said that when a husband suspects his wife without any reason, keeps an eye on her activities, questions her honesty and interferes with her freedom, then it is a case of serious mental cruelty.

What does the law say?

Regarding this issue, the Kerala High Court, citing Section 10(1)(x) of the Divorce Act 1869, said that continuously doubting the wife and interfering in her personal freedom comes under mental cruelty. In such cases the wife can demand divorce. This decision was going to be considered an example for all those cases where doubt took the place of love and trust in the relationship. The Kerala High Court also made it clear that when trust in marriage prevails over doubt, the relationship loses its meaning.

Also read: Applying ghee on the bride’s request, donating vermilion 5 times, what is the secret of ‘Bhakhra vermilion’ of Maithil marriage?

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Kerala High Court decision

Can’t a Muslim man marry without informing his first wife, what is the law?

The husband is very suspicious… can the wife ask for divorce on this basis, know what the law says?