Kochi: The Kerala High Court, while hearing a case, has made such a remark, on which public opinion seems to be divided. In fact, the Kerala High Court says that the court cannot stop a Muslim man from divorcing his wife. At the same time, the court also said that the court cannot stop a Muslim man from remarrying. In fact, two petitions were being heard in the High Court, challenging the stay imposed by the Family Court.
Actually, a person from Kollam had filed a 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 talaq twice, but before the third one, the family court had issued a stay order.
After which the matter was heard by Justice A Mohammed Mushtaq and Justice Sophie Thomas in the Kerala High Court. The High Court set aside the order of the Family Court. The HC in its order said that the court has no role in stopping the parties from using personal law. The court referred to Article 25 of the Constitution. The court says that if a restraining order is issued, then it will be a violation of the rights protected in the constitution of the person concerned. The High Court also said that the family court cannot restrain the petitioner from remarrying. Let us tell you that the Central Government has already declared triple talaq a crime, so this decision of the court is raising questions in the minds of the people.
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