Divorce Judgement Has Continuous, Broad Impact: Justice Kirmani

KL Report


The High Court on Monday listed the review petition against its pronounced judgment on divorce, for hearing on May 9. Petition for rehearing the ‘Bilquese Case’ in state High Court was partly heard on Monday. The case has been listed as case number 1 for full day on next hearing.

Petitioner Justice (Retired) BA Kirmani argued that the judgement has far reaching consequences and 70% population in the state would be affected by this judgement.

In a jam packed court room where the lawyers, social activists and religious scholars and media persons had come to witness the proceedings, Justice (Retd) Kirmani as a petitioner submitted that there should be no emotional attachment with judgment, neither from the bench nor from the petitioner’s side. He said that a team of lawyers should be established to defend the judgement.

Justice (Retd) Kirmani said that the judgement has board and continuous impact.

Pertinently, High Court had ruled that a husband’s right to ‘talaq’, or divorce under the Islamic laws, is not “absolute and unqualified”. In his 23-page judgment, Justice Hasnain Masoodi had gone into the details of the Muslim Shariah law to hold that a “husband cannot have unrestricted or unqualified power to pronounce the Talaaq.”

Hurriyat leader Syed Ali Geelani joining the issue of judgment by the Jammu and Kashmir High Court on divorce-in-Islam had maintained that there was need to do away with the confusion that has erupted due to the verdict and called for examining the judgment in light of Islamic jurisprudence.

HC judgment

Four preconditions for dissolving a marriage legally:

Intervention made by representatives of husband and wife to settle disputes and disagreements between the two and efforts do not bear any fruit.

A man must have a valid reason and genuine cause to pronounce divorce on wife.

Talaq should be pronounced in the presence of two witnesses endued with justice.

Talaak should be pronounced during the period of tuhr (between the two menstrual cycles) without indulging in sexual intercourse with the divorcee during that period. 


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