According to the Kerala High Court, the court cannot stop a Muslim man from divorcing his wife. At the same time, it was also said that the person cannot be stopped from remarrying by the court. Two petitions were being heard in the High Court, challenging the stay imposed by the Family Court.
A person from Kollam had filed the petition through Advocate Majida S. In this petition, two orders issued by the Chavra Family Court were challenged. The Family Court had stayed the petition of the Muslim man’s wife from calling the husband’s divorce. The special thing is that the petitioner who reached the High Court had already said the first and second talaq, but before the third talaq, the family court had issued the order.
Justice A Mohammed Mushtaq and Justice Sophie Thomas were hearing in the Kerala High Court. The High Court set aside the order of the Family Court.
The order said that the court has no role in stopping the parties using personal law. The court referred to Article 25 of the Constitution.
The court says that if an order is issued in relation to stopping, then it will be a violation of the rights protected in the constitution of the person. The High Court also said that the family court cannot restrain the petitioner from remarrying.
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