Ranchi. Jharkhand High Court has given a very important and historic decision regarding Muslim personal law and general criminal law of the country. The court has clarified that even if a Muslim woman after divorce goes through the entire process of Nikah Halala i.e. marriage with another man and then divorce, the refusal of her ex-husband to re-marry her is not a cognizable offense or legally wrong. While hearing the case, the single bench of the High Court clearly said that no person in the country can be legally forced to remarry against his will.
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What was the whole matter?
According to the information received, this case is related to Giridih district of Jharkhand. Let us tell you that the complainant woman was divorced from her first husband. After this, to fulfill the religious tradition of Halala, the woman married another man and then divorced him too. After this entire process, when she asked her first husband to remarry, the former husband flatly refused. After this refusal, the woman filed a criminal complaint (FIR) against her ex-husband.
Important comments of the court
Taking this matter seriously, the court remarked in its judgment that marriage is completely an individual and voluntary decision. Therefore, no person can be forced to marry by forcibly imposing any social tradition or old promise. According to the report of Law Live (LiveLaw), the court made it clear that neither in the Muslim Personal Law nor under the general criminal law of the country, there is any such provision on the basis of which a new FIR can be filed against the ex-husband for refusing to marry after Halala.
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relief to the petitioner
Considering the seriousness and legal aspects of this case, Jharkhand High Court has granted anticipatory bail to the accused ex-husband. The court has directed the petitioner to surrender in the lower court within three weeks and pay the bail bond.