Court cannot prevent Muslim men from divorcing and polygamy : Kerala High Court

Thiruvananthapuram – The Court cannot prevent a Muslim man from divorcing or being in polygamy; because the Court has no right to interfere and change Muslim law or rules. Doing so would violate their rights under Article 25 of the Constitution of India. The Kerala High Court has given such a decision when hearing this case.

A Bench comprising of Justice A Muhammad Mushtaq and Justice Sophie Thomas said, If any religious act like talaq (Divorce) etc is done on a personal level then as per law it can be challenged in a Court. However, no Court can stop any person from doing so. The Court’s jurisdiction is limited in such cases. It would be completely wrong to say that no one can interfere in religious matters.

Editorial viewpoint

Since the hands of the judiciary are tied by the Constitution, the judiciary cannot go beyond the Constitution. Hence the Central Government should take the initiative to bring a Uniform Civil Code and provide equal justice to all.

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