A former judge of the Jammu and Kashmir high court on Thursday filed an application before the high court, seeking review of the judgment in which a husband's absolute power to pronounce talaaq was challenged, The judgment had said that a man's power to divorce was not unqualified or absolute.
Justice (Retd) Bashir Ahmad Kirmani, has filed the application before the court seeking elucidation of some points in the judgment, stating that some observations made in the Judgement are of`far-reaching consequences.
"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" the application says.
"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,'' the application says.
"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,'' the application says further.
On October 30, Justice Husnain Masoodi had delivered a judgment on divorce calling triple 'Talaq' (three 'Talaq' pronounced in one sitting) "the most despised" and asked courts to dissolve marriage only after a Talaq is given in presence of two witnesses who are endued with justice. The judgement had also asked the husband to provide a proof that enough efforts were made for reconciliation.
In his judgment, Justice Masoodi has maintained that divorce be used as a "last option" when a marriage runs into rough weather", and a husband needs to "plead and prove" the preconditions before a marriage is considered "dissolved".
In his 23-page judgment by Justice Masoodi has extensively quoted Shariah (Islamic law) and the holy Quran before arriving at a conclusion.