V.P. Abdurahiman v. C. Safiya, 2025
The existence of a subsisting second marriage constitutes an insurmountable obstacle under Muslim law.
Judgement Details
Court
Kerala High Court
Date of Decision
13 December 2025
Judges
Justice Kauser Edappagath
Citation
Acts / Provisions
Facts of the Case
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The petitioner and respondent (both Muslims) were married for three years before their marriage was dissolved.
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The petitioner subsequently married another woman who later passed away, and thereafter married a third woman.
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The respondent claimed that she entered into a second marriage with another man, which was later dissolved, and that she subsequently re-married the petitioner.
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On the basis of the alleged re-marriage, the respondent claimed maintenance under Section 125 CrPC.
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The Family Court awarded maintenance of ₹6,000 per month to the respondent.
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The petitioner challenged this order before the High Court, contending that:
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The respondent failed to prove the dissolution of her second marriage.
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The alleged re-marriage between the parties was not legally established.
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Issues
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Whether a presumption of valid re-marriage can arise under Section 125 CrPC merely from long cohabitation between the parties?
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Whether the respondent proved the dissolution of her second marriage so as to claim maintenance?
Judgement
The Kerala High Court set aside the maintenance order and remanded the matter to the Family Court, granting the respondent an opportunity to adduce further evidence regarding:
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Dissolution of her second marriage, and
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Valid re-marriage with the petitioner.
Held
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A presumption of lawful marriage arising from long cohabitation is rebuttable.
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Under Muslim law, re-marriage between a divorced husband and wife is valid only if:
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The woman contracts an intervening marriage,
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The marriage is consummated, and
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It is legally dissolved.
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Since the respondent failed to prove the dissolution of her second marriage, no valid presumption of re-marriage could arise.
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However, in the interest of justice, the respondent was given a chance to prove these facts.
Analysis
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Justice Kauser Edappagath carefully balanced personal law principles with procedural fairness under Section 125 CrPC.
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The Court reaffirmed the settled principle that:
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Long cohabitation can give rise to a presumption of marriage only in the absence of legal impediments.
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The existence of a subsisting second marriage constitutes an insurmountable obstacle under Muslim law.
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The judgment underscores that Nikah Halala is not a mere formality but requires strict proof of:
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Intervening marriage,
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Consummation, and
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Dissolution.
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At the same time, the Court adopted a beneficial and equitable approach by remanding the matter rather than outright dismissing the maintenance claim.
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The ruling prevents misuse of presumptions under Section 125 CrPC while ensuring that genuine claims are not defeated on technical grounds.