Can’t restrain Muslim man from talaq, remarriage: Kerala high court | Kochi News
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KOCHI: A court cannot restrain a Muslim man from pronouncing talaq on his wife or remarrying, the Kerala HC said in a judgment.
A division bench comprising Justice A Muhamed Mustaque and Justice Sophy Thomas was considering two petitions (OP-FC Nos. 394, 395/2022) filed by a Muslim man from Kollam through advocate Majida S. He had challenged two orders issued by the It’s dark family court, on a plea by his wife, restraining him from pronouncing irrevocable talaq, also called final or third talaq, and remarrying.
The petitioner had pronounced the first and second talaq. Before pronouncing irrevocable talaq, the family court had issued a restraining order on his wife’s plea.
While setting aside the family court’s orders, the HC said in its judgment, issued on August 17: “The court has no role in restraining the parties invoking their personal law remedies. The court should not forget the mandate of Article 25 of the Constitution, which not only allows one to profess religion but also to practice. In essence, if any orders are passed restraining one from acting in accordance with personal belief and practice, that would amount to encroaching on his constitutionally protected rights.”
If any action emanating out of exercise of faith and practice is not in accordance with personal law, belief, and practice, it can be challenged before a court, the court said. But it would arise only after the performance of the act, the court added.
Similarly, the family court could not have restrained the petitioner from remarriage, the HC said.
A division bench comprising Justice A Muhamed Mustaque and Justice Sophy Thomas was considering two petitions (OP-FC Nos. 394, 395/2022) filed by a Muslim man from Kollam through advocate Majida S. He had challenged two orders issued by the It’s dark family court, on a plea by his wife, restraining him from pronouncing irrevocable talaq, also called final or third talaq, and remarrying.
The petitioner had pronounced the first and second talaq. Before pronouncing irrevocable talaq, the family court had issued a restraining order on his wife’s plea.
While setting aside the family court’s orders, the HC said in its judgment, issued on August 17: “The court has no role in restraining the parties invoking their personal law remedies. The court should not forget the mandate of Article 25 of the Constitution, which not only allows one to profess religion but also to practice. In essence, if any orders are passed restraining one from acting in accordance with personal belief and practice, that would amount to encroaching on his constitutionally protected rights.”
If any action emanating out of exercise of faith and practice is not in accordance with personal law, belief, and practice, it can be challenged before a court, the court said. But it would arise only after the performance of the act, the court added.
Similarly, the family court could not have restrained the petitioner from remarriage, the HC said.
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