SRINAGAR, Nov 9: A retired Judge of Jammu and Kashmir High Court has filed an application before the High Court seeking review of an order by a sitting Judge that a Muslim man’s authority to pronounce divorce to his wife was restricted.
“The Judgement touches upon some very crucial questions of the family law applicable to a vast majority of the population of the state and is likely to operate a wide area, as such, in its given texture requires thorough second look” reads the application submitted by Kirmani.
“While determining certain basic facts of Talaq Under Muslim Law, the judgment limits consideration of the subject in fullness, leaving certain elements integral thereto out of its Purview, rendering the findings inapt and hence open to misapplication.”
Justice Hasnain Masoodi recently in a court order recently said a Muslim man had no absolute authority to pronounce Talaaq or divorce to his wife, but was bound by pre-conditions.
Also Read: Power to pronounce talaq not absolute: HC
Senior separatist leader and chairman of the hardliner Hurriyat Conference, Syed Ali Shah Geelani recently appealed to jurists and scholars to look deeply into the verdict to verify if it was in contradiction with Islamic law.
However so far there has been no response from any Islamic scholar in the Muslim-majority region.
Kirmani seeking a review of the order said: “The interpretation of some of the provisions of the sources of Muslim Law as contained in the judgment does not fully tally with the intent and import thereof, leaving it open to misinterpretation.”
‘HC judgment’
Four preconditions for dissolving a marriage legally:
- Intervention made by representatives of husband and wife to settle disputes and disagreements between the two and efforts do not bear any fruit.
- A man must have a valid reason and genuine cause to pronounce divorce on wife.
- Talaq should be pronounced in the presence of two witnesses endued with justice.
- Talaak should be pronounced during the period of tuhr (between the two menstrual cycles) without indulging in sexual intercourse with the divorcee during that period.
