KOCHI: A Muslim man can’t register his second marriage below Kerala Registration of Marriages (Frequent) Guidelines, 2008, with out notifying his first spouse so long as his conjugal relationship along with her is legitimate, Kerala HC has held.Justice PV Kunhikrishnan handed this order on Oct 30 on a petition filed by a Kannur man (44) and his second spouse (38) from Kasaragod, difficult the choice of the registrar of an area self-govt establishment to say no to register their marriage. The petitioners argued that below Muslim private regulation, a person is entitled to have as much as 4 wives at a time.HC held that the registrar shall not register a second marriage if the primary spouse objected on the grounds that it was invalid. As a substitute, the events should be referred to the competent civil courtroom to ascertain the validity of the wedding.Even below Muslim private regulation, a person might marry a second time solely below particular situations, HC noticed. It famous that neither the Holy Quran nor Muslim regulation permitted a person to have an extramarital relationship or to contract one other marriage with out the data of his first spouse. HC famous {that a} Muslim spouse couldn’t stay a silent spectator. “In such issues, faith is secondary and constitutional rights are supreme,” HC stated, including that “99.99% of Muslim girls will likely be in opposition to their husband’s second marriage when their conjugal relationship continues to be in existence.,HC additionally held that below Muslim private regulation, a person might marry multiple spouse provided that he has the means to take care of them. The bench subsequently dismissed the petition, noting that the primary spouse had not been made a celebration to the case.
