Petition in J &K HC on Talaaq ruling | chandigarh | Hindustan Times
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Petition in J &K HC on Talaaq ruling

chandigarh Updated: Nov 09, 2012 16:30 IST

A retired judge has filed a petition in the Jammu and Kashmir high court seeking a rehearing of the petition in which a single bench had ruled that a husband's power to divorce his wife was not unrestricted.

Justice (retired) Bashir Ahmad Kirmani filed an application before the high court seeking rehearing of the case on the grounds that observations made by Justice Hasnain Masoodi in his 23-page judgement had 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 in a wide area, as such, in its given texture requires thorough second look," Justice Kirmani said in his application.

Justice Kirmani has challenged the observation made by Justice Hasnain Masoodi in para 26 and 27 of the ruling which pertain to maintenance of wife after divorce and putting the onus on the husband to prove that divorce was resorted to after all options of reconciliation were exhausted.

Meanwhile, Jamaat-e-Islami Jammu and Kashmir has welcomed the filing of the application against the ruling.

"Jamaat-e-Islami welcomes the filing of a review petition before the high court and hope that the Hon'ble judge will re-address the issue in the right perspective, keeping in view the far-reaching consequences of his judgement," a spokesperson of the socio-religious organisation said.

Jamiat-e-Ahle Hadeeth have already expressed their reservations about the ruling.

Justice Masoodi, while disposing off a case in April this year, had held that a Muslim man's power to divorce his wife is not "unrestricted or unqualified".

He extensively went into details of the Shariah law and Quranic injunctions to hold that a "husband cannot have unrestricted or unqualified power to pronounce the Talaaq." The court delved into the fundamental sources of Shariah law to understand the concept of marriage in Islam, the rights of the parties to the marriage contract and the mode and manner the contract is dissolved.

"Though Islam visualises a situation where a marriage may run into rough weather for reasons beyond control of the parties to the marriage contract, and provides for a mechanism to end or dissolve the relationship in such case, yet the device of divorce is to be used as the last option when the marital relations have irretrievably broken down," the court said.