MUHAMMAD SHAREEF C. Vs. STATE OF KERALA

JUDGEMENT

(1.) A legal conundrum arises in this case regarding the registration of a Muslim man's second marriage, in accordance with the Kerala Registration of Marriages (Common) Rules 2008 (hereinafter referred to as Rules 2008), when his first marriage to another woman is in existence. Whether notice is necessary to the first wife for the purpose of registering the second marriage before the Local Self Government Institutions in accordance with the Rules 2008 is the first question to be decided. In such a situation, if the first wife objects to the registration of the second marriage, stating that the second marriage is invalid, what is the remedy for the husband? This is the next question to be decided.

(2.) I will narrate the facts in this case first: The 1st petitioner married a lady, and in that relationship, there were two children. The said marriage was registered before the jurisdictional registering authority. While the said marriage was subsisting, the 1st petitioner met the 2nd petitioner and gradually that relationship developed into a love relationship. Thereafter, according to the 1st petitioner, with the consent of his first wife, he married the 2nd petitioner and the marriage was solemnised on 17/8/2017 as per the Muslim religious custom. It is submitted that, thereafter, the petitioners 1 and 2 were living together as husband and wife. Ext.P1 is a letter from P. A. Aboobakker Musaliar stating that he was present at the time of the solemnization of the marriage of the petitioners. It is also submitted that the 2nd petitioner was previously married before the marriage to the 1st petitioner, to one Hameedh C, Son of Mohammed Kunji. Two children were born to the 2nd petitioner in that wedlock. Thereafter, due to differences in opinion between Mr Hameedh C and petitioner No. 2, Mr Hameedh C pronounced Talaq, and the said marriage was subsequently separated. An agreement was executed between Mr Hameed C and the 2nd petitioner regarding the said separation of marriage. Thereafter, the 2nd petitioner married the 1st petitioner.

(3.) In the relationship between the petitioners, two children were born to them, and both children are minors. Exts. P2 and P3 are the birth certificates of the petitioners' children. It is submitted by the petitioners that, considering the future of the children and for getting the lawful right of the property of the 1st petitioner to the 2nd petitioner and her children, the 1st and 2nd petitioners decided to register their marriage before the Local Self Government Institution, which is the registering authority. But, it is submitted that the 2nd respondent is not ready to register the marriage between the petitioners. The 2nd respondent is not providing any valid reason for not registering the marriage of the petitioners, is the grievance of the petitioners. According to the petitioners, they are Indian Citizens and are followers of Muslim Customary Law. It is submitted that, as per the Muslim Personal Law, a Muslim male is entitled to have four wives at a time. Therefore, the Registrar is bound to register the second marriage of the 1st petitioner with the 2nd petitioner, in accordance with the law, is the submission. Hence, this Writ Petition is filed with the following prayers: