Kerala High Court Said- Courts Cannot Stop Muslim Man From Giving Divorce And Marrying More Than One Woman | Court News: Courts cannot stop Muslims from giving polygamy and divorce
Court News: The Kerala High Court has said that the...
Court News: The Kerala High Court has said that the courts cannot stop a Muslim person from granting divorce or prevent more than one marriage. Because it is an act according to Muslim law or Shariat. The court said that doing so would violate his rights under Article 25 of the Constitution of India.
What did the court say?
A bench of Justice A Mohammad Mustaq and Justice Sophie Thomas said that if divorce or any religious act is not done in accordance with personal law, then it can be challenged in the Court of Law after the Act. However, no court can stop a person from doing it. The bench said that the jurisdiction of the court in such matters is limited.
Court cannot stop Muslim men from polygamy
The court also said, “The right of Muslim men to have more than one marriage at a time is prescribed under personal law. Court cannot stop them from doing so. Significantly, the bench is hearing the petition of a Muslim. In this, the ban imposed by the Family Court on divorcing the wife has been challenged. In fact, the family court has approved the application against the second marriage of a Muslim man. However, rejecting both these orders, the Kerala High Court has allowed the aggrieved woman to file a petition in the court.
Victim woman got permission to file petition
The double bench of the court said that the aggrieved woman can file her petition. But the family court cannot stop a Muslim man from divorcing and marrying another. The court clearly said that no one can interfere in religious matters, it would be absolutely wrong to do so.
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