The divorce could be recorded with out insisting on a courtroom order, mentioned the courtroom. (File)
Kochi:
The Kerala Excessive Court docket has held {that a} divorced Muslim girl needn’t be despatched to a courtroom of legislation for recording the talaq whether it is in any other case so as as per the non-public legislation.
Justice P V Kunhikrishnan mentioned that merely as a result of a lady registered her marriage as per the Kerala Registration of Marriages (Widespread) Guidelines, 2008, she needn’t be dragged to a courtroom of legislation for recording her divorce if it was obtained as per her private legislation.
”A divorced Muslim girl needn’t be despatched to a courtroom of legislation for recording the talaq whether it is in any other case so as as per the non-public legislation. The officer involved can report the talaq with out insisting on a courtroom order.
”I believe that there’s a lacuna in Rule 2008 on this regard. The legislature ought to take into consideration the identical. The registry will ahead a duplicate of this Judgment to the Chief Secretary of the state to do the needful in accordance with legislation,” Justice Kunhikrishnan mentioned in his January 10 judgment within the matter.
The courtroom noticed that underneath the Guidelines of 2008, a divorced Muslim girl can’t remarry until the entry within the marriage register was eliminated by approaching a reliable courtroom of legislation, however the husband faces no such hindrance.
The order and observations of the courtroom got here on a divorced Muslim girl’s plea looking for instructions to the Native Registrar of Marriages to report her divorce within the marriage register.
She moved the courtroom for the aid because the Registrar refused to report the divorce entry on the bottom that the Guidelines of 2008 don’t comprise any provision authorising him to take action.
Whereas contemplating the plea, the courtroom questioned that after the husband pronounced talaq, can the wedding registration as per the Guidelines of 2008 be a burden to the Muslim girl alone.
Within the prompt case the wedding between the couple was solemnised in 2012, however it didn’t final lengthy and the husband pronounced talaq in 2014.
The lady additionally obtained a divorce certificates issued by the Thalasseri Mahal Khazi.
Nevertheless, when she went to make the entry of divorce within the marriage register as required underneath the Guidelines of 2008, the Registrar had refused to take action.
Disagreeing with the stand of the Registrar, the courtroom mentioned, ”If there’s the facility to register the wedding, the facility to report the divorce can be inherent and ancillary to the authority who registers the wedding, if there’s a divorce underneath the non-public legislation.”
The courtroom directed the Native Registrar of Marriages to contemplate the lady’s utility for recording the divorce entry and go applicable orders on that after issuing a discover to her ex-husband.
It directed the authority to hold out the method ”as expeditiously as potential, at any charge, inside a interval of 1 month from the date of receipt of a stamped licensed copy of this judgment”.
With these instructions, the courtroom disposed of the matter.
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