KOCHI: The Kerala High Court has observed that family courts cannot restrain a Muslim man from performing talaq or marrying more than one person in accordance with the personal law. “The court has no role to restrain or regulate one’s behaviour or decision in accordance with the personal law guaranteed,” observed the court.
It issued an order on a petition filed by a native of Kollam challenging the decision of the Family Court, Chavara, restraining him from undertaking talaq. The petitioner has initiated steps to pronounce talaq and pronounced first and second talaqs.
Before pronouncing the irrevocable talaq, he has been restrained by an order of temporary injunction by the family court. The wife also filed an application restraining him from a second marriage. That also has been allowed. These decisions were challenged by the petitioner in HC.
Justice A Muhamed Mustaque observed that if any orders were passed restraining one from acting in accordance with personal belief and practice, that would amount to encroaching on his constitutionally protected rights.
It added that the jurisdiction of the court was limited in these kinds of processes.The court observed that the aggrieved person could challenge any action arising out of the exercise of faith and practice if it was not done in accordance with the personal law, belief, and practice but that stage would arise only after the performance of the act.
With regard to the right of a person to marry again, the court said that the right to marry more than one person at a time was prescribed under personal law. If the law ensures such protection, it is not for the court to decide that one person should not act in accordance with one’s personal beliefs in accordance with his religious practices.