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Can’t restrain Muslim man from talaq, remarriage: Kerala high court | India News
KOCHI: The court cannot stop a Islam man pronounces talaq about wife or remarriage, Kerala HC said in a judgment.
A detachment bench including Justice A Muhammad Mustaque and Justice Sophie Thomas is considering two petitions (OP-FC Nos. 394, 395/2022) filed by a Muslim man from Kollam through an advocate Majida S. He challenged two orders due to Chavara The family court, at his wife’s request, prevented him from declaring the irrevocable talaq, also known as the final or third talaq, and remarrying.
The petitioner claimed the first and second talaq. Before declaring the talaq irrevocable, the family court issued an injunction against his wife’s plea.
While ignoring the family court orders, HC said in its judgment, issued on August 17: “The court has no role in restricting the parties to invoke legal remedies their personal. Courts should not forget the duty of Article 25 of the Constitution, which not only allows a person to profess a religion but also to practice it. In essence, if any order is passed that prevents a person from acting on personal beliefs and practices, it would infringe on his constitutionally protected rights. ”
If any action stemming from the exercise of faith and practice is inconsistent with the laws, beliefs and personal practices, that action can be brought before the court, the court said. But it will only arise after the conduct, the court added.
Similarly, the family court cannot prevent a petitioner from remarrying, HC said.
A detachment bench including Justice A Muhammad Mustaque and Justice Sophie Thomas is considering two petitions (OP-FC Nos. 394, 395/2022) filed by a Muslim man from Kollam through an advocate Majida S. He challenged two orders due to Chavara The family court, at his wife’s request, prevented him from declaring the irrevocable talaq, also known as the final or third talaq, and remarrying.
The petitioner claimed the first and second talaq. Before declaring the talaq irrevocable, the family court issued an injunction against his wife’s plea.
While ignoring the family court orders, HC said in its judgment, issued on August 17: “The court has no role in restricting the parties to invoke legal remedies their personal. Courts should not forget the duty of Article 25 of the Constitution, which not only allows a person to profess a religion but also to practice it. In essence, if any order is passed that prevents a person from acting on personal beliefs and practices, it would infringe on his constitutionally protected rights. ”
If any action stemming from the exercise of faith and practice is inconsistent with the laws, beliefs and personal practices, that action can be brought before the court, the court said. But it will only arise after the conduct, the court added.
Similarly, the family court cannot prevent a petitioner from remarrying, HC said.