Aastha Thakur
Published on: 25 August 2022 at 22:04 IST
The Kerala High Court in a case observed that the family courts cannot restrain a Muslim man from pronouncing Talaq or marrying more than once in accordance with personal law.
The court stated that, “The court has no role to restrain or regulate one’s behaviour or decision in accordance with the personal law guaranteed,” observed the court.
The Court issued an order on a plea filed by a petitioner, challenging the decision of the Family Court, restraining him from undertaking talaq. The petitioner has initiated the steps to denounce his wife by stating ‘Talaq’ twice. He was restrained by an order of temporary injunction by the Family Court before he could state for the third time.
The wife of the petitioner also filed an application to rescind him from a second marriage, which has been allowed by the Court. The petitioner challenged all these orders in the HC.
The case was heard by Justice A Muhamed Mustaque, who, after examining the matter and order issued by the lower court, opined that any orders passed restraining an individual from acting in accordance with their personal belief and practise would amount to encroaching on their constitutionally protected rights.
Furthermore, the Court has limited jurisdiction in these types of proceedings. The aggrieved person could challenge issues arising out of the exercise of such faith and practice, but that is valid only after the actual performance of the act.
While dealing with another issue regarding the right to marry again, the Court validated its right under the statutory provisions under personal law.
Hence, if the law ensures such protection, then the court has no right to decide that a person has to act in accordance with their personal beliefs or in accordance with their religious practices.
The Court set aside the lower court order restraining petitioner from pronouncing Triple Talaq.