Not Shariat Council, if Muslim couple wants divorce then they will have to come to court, big decision of Madras HC
Madurai. Shariat Council is not a court, if divorce is desired then the husband will have to get legal approval from the court. This decision has been given by the Madurai bench of Madras High Court in relation to the triple talaq of a Muslim doctor couple. Actually, this decision was given while hearing a civil revision petition regarding triple talaq of a Muslim doctor couple who got married in 2010.
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Shariat Council had issued the certificate
The main issue of the case was regarding Tamil Nadu Tauheed Jamaat, Shariat Council, which issued a divorce certificate to the husband in 2017. The Court said that it can help resolve family and financial issues, but it cannot issue divorce certificates or impose penalties. Justice G R Swaminathan criticized the divorce certificate and called it shocking.
Only the court can give certificate
Dismissing the husband's revision petition, the judge reiterated that the council had accepted the husband's plea for triple talaq and had attempted mediation and the Shariat Council is a private body and not a court. Until such certificate is obtained from the court having jurisdiction, the marriage is deemed subsisting.
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what is the matter?
Let us tell you that in 2018, the wife disputed the divorce and filed a petition under the Protection of Women from Domestic Violence Act before the Tirunelveli Judicial Magistrate Court. The woman said she had not been granted triple talaq, meaning the marriage was still valid. The husband married for the second time that year.
Subsequently, in 2021, the magistrate ruled in favor of the first wife, directing the husband to pay Rs 5 lakh as compensation for domestic violence and Rs 25,000 per month for the maintenance of their minor child. Later, a Sessions Court dismissed the husband's appeal against this decision, following which he had to file the present revision petition before the High Court.
What did HC say?
During the hearing, Justice Swaminathan said that the husband has said to give triple talaq, but the wife has disputed this, so the question is whether the divorce has been validly given. The judge said that until such certificate declaration is obtained from the court having jurisdiction, the marriage is considered subsisting. The High Court said that the husband should go to the court and obtain the certificate.
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