The Kerala High Court in the Indian state of Kerala has delivered a landmark and far-reaching verdict, ruling that a Muslim husband cannot contract a second marriage without the explicit consent of his first wife. This judgment is considered a major milestone that significantly strengthens the rights and protection of women under Muslim Personal Laws.
The court explicitly stated in its decision that if the first wife raises a formal objection to the husband’s second marriage, the Marriage Registrar must refrain entirely from proceeding with the registration process of the second Nikah (marriage) of the Muslim husband.
The Kerala High Court further directed that in such a scenario, the Registrar should immediately halt the registration process for the second marriage and refer the parties to a competent Civil Court. The purpose of this referral is to allow the Civil Court to fully determine the validity and legality of the marriage under the relevant Personal Laws.
This ruling effectively ensures that Muslim husbands may now face a challenging legal battle through the courts if they intend to marry a second time without the consent of their first wife. The verdict is widely hailed as a substantial step forward in supporting the rights of Muslim women in Kerala, and its implications are likely to be felt across other states in India.
