Muslim woman need not seek court declaration to record talaq: Kerala HC

The court issued the order on a petition filed by a divorced Muslim woman seeking to ‘record the fact of divorce’ in the marriage register after her marriage was dissolved on pronouncing talaq.
Kerala High Court.
Kerala High Court.File photo

KOCHI : The Kerala High Court has held that a divorced Muslim woman need not be sent to a court of law to record talaq if it is in line with the personal law. Instead the officer concerned can record the talaq without insisting on a court order, the court said. “I think that there is a lacuna in the Kerala Registration of Marriages (Common) Rules, 2008. The legislature should think about the same,” said Justice P V Kunhikrishnan. The court issued the order on a petition filed by a divorced Muslim woman seeking to ‘record the fact of divorce’ in the marriage register after her marriage was dissolved on pronouncing talaq.

The HC order stated: “A Muslim marriage is conducted as per personal law and thereafter registered under the Kerala Registration of Marriages (Common) Rules, 2008. Subsequently, if the husband pronounces talaq following his personal law, he can remarry without removing the entry in the register of marriage maintained under Rule 2008, because his personal law permits more than one marriage in certain situations, but the divorced Muslim woman cannot remarry till the marriage entry as per Rule 2008 is removed by approaching a competent court of law.”

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