Hitherto family courts have been granting divorce to mostly the Hindus , by mutual consent.Now recently a family court at Chennai has granted divorce to a muslim couple, ‘who cannot live together and carry out the wish of Allah in carrying out their matrimonial obligations.’
In his order the family court judge, P.Devadass has said,’From the Holy Quranic verse and the teachings and the doings of Prophet Muhammed, views of Islamic scholars and judicial decisions,we learnt that 14 centuries ago itself Islam put an end to the meaningless marriage, a marriage on mere paper or a mere fiction by the mutual consent of the spouses’
The court before taking up the divorce plea of the couple, sought to consider whether the Islamic Jurisprudence had an analogous provision to dissolve failed marriages by mutual consent of the spouses as provided for in the other legislations.The question is "whether such a provision available to Hindus, Christians, Parsis and persons married under the Special Marriage Act, 1954 is also available to muslims?"
He also said,"Allah, the Almighty, hates Talaq in any form.But when the spouses are not able to carry out the various injunctions and limits prescribed by Allah, the Almighty, with respect to marital obligations, then he permits separations."
Tracing the first decree of divorce granted in Islam,the judge also discussed the judicial precedents, views of Islamic scholars, before granting divorce to the couple who sought separation.According to the couples plea, it was a clear case of irretrievable breakdown of nikha.They cannot carry out the wish of Allah in carrying out their matrimonial obligations.They have also categorically stated that they wished not to live together and to put an end to their marriage.
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