The Kerala High Court recently held that the first wife must be given an opportunity of hearing by the statutory authorities while registering the second marriage of a Muslim man in accordance with the Kerala Registration of Marriages (Common) Rules 2008.

Justice P.V. Kunhikrishnan observed that even though the Muslim personal allows a second marriage to a man in certain situations, if the marriage is to be registered, the law of the land would prevail. Then, religion becomes secondary to constitutional rights.

The observations were made while considering a writ petition preferred by a Muslim man and his second wife, being aggrieved by the non-registration of their marriage of by the registering authority under the Rules.

Dismissing the writ petition, the Court observed:

“ In this ca

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