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Kerala HC’s Ruling On Muslim Man’s Second Marriage: How It Differs From Other Verdicts


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The Kerala High Court said in a recent order that a Muslim man cannot get his second marriage registered without notifying his first wife.

The verdict came from Justice PV Kunhikrishnan on a petition filed by a Kannur-based man. (representative image)

The verdict came from Justice PV Kunhikrishnan on a petition filed by a Kannur-based man. (representative image)

The recent verdict of the Kerala High Court with regards to Muslim marriages has sparked a major debate on social media platforms, drawing mixed reactions from people.

On October 30, the High Court ordered that a Muslim man is required to notify his first wife before going ahead to register his second marriage under the Kerala Registration of Marriages (Common) Rules, 2008. He is required to do so if his marital relationship with her is valid, The Times of India reported.

The verdict came from Justice PV Kunhikrishnan on a petition filed by a Kannur-based man and his second wife from Kasaragod. The couple had approached the High Court after the registrar of marriages of a local self-government institution declined to register their marriage. In his plea, the person claimed that a Muslim man is entitled to have up to four wives under the Muslim Personal Law.

Netizens react

The Kerala High Court’s recent judgment led to a major discussion on Reddit, where several users reflected on banning polygamy as well as the much-talked-about Uniform Civil Code (UCC).

“Ban polygamy in total. Otherwise, legalise polyandry as well. Let muslim women also have more than one husband,” one person wrote in the comments section of the viral Reddit post.

Another one joked that “legalising polyandry is fine.”

One person highlighted that “the majority of the population” in India does not realise that the country “allows civil law when it comes to Islamic matters.”

“Support uniform civil code everybody,” the person added.

In reply to the user, an individual said Uniform Civil Code is “definitely a good thing.”

Another user wrote that the High Court’s order is “good news to hear”.

A look at recent High Court rulings

In recent times, several other High Court rulings have differed from each other on registering multiple Muslim marriages in India.

A few months ago, the Allahabad High Court observed that a Muslim man is entitled to get married multiple times if he is treating all his partners equally, NDTV reported. But the High Court highlighted that polygamy has been permitted conditionally under the Quran due to a “valid reason”. It added that the same is being “misused” by men for their “selfish reasons”.

In a separate case, the Kerala High Court had in September this year said that Muslim men cannot claim second or third wives if they lack the financial capability to support them.

“A person who has no capacity to maintain a second or third wife cannot marry again, even as per the customary law of Muslims,” Justice PV Kunhikrishnan observed, according to Law Beat.

The Bombay High Court in October last year ordered that a Muslim man is allowed to register over one marriage under the Maharashtra Regulation of Marriage Bureaus and Registration of Marriages Act, 1998. It added that Muslim law permits multiple marriages.

Keywords: multiple marriages in islam, islam marriage laws, muslim marriages,

News Desk

News Desk

The News Desk is a team of passionate editors and writers who break and analyse the most important events unfolding in India and abroad. From live updates to exclusive reports to in-depth explainers, the Desk d…Read More

The News Desk is a team of passionate editors and writers who break and analyse the most important events unfolding in India and abroad. From live updates to exclusive reports to in-depth explainers, the Desk d… Read More

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