Need to update judiciary? Kerala HC says courts can't restrain Muslim man from giving triple talaq

Kochi, August 25: Even though the government has implemented a 'Triple Talaq Law' and banned orthodox Islamic practise to protect the rights of Muslim women, the Kerala High Court, going against the law, said that a court cannot restrain a Muslim man from pronouncing Triple Talaq.

A bench comprising Justices A Muhamed Mustaque and Sophy Thomas 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.

In the present case, the husband had pronounced the first and second Talaq but was stopped by a family court from pronouncing the final, irrevocable talaq, according to the order. The petition to restrain him was filed by his wife before the family 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.

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.

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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.

In August 2017, the Supreme Court had struck down instant triple talaq, calling the Islamic practice unconstitutional and in violation of Article 14 of the Indian Constitution, which provides for equality before the law.