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Journalism of Courage
Maintaining that divorce by mutual consent is applicable to Muslims also like other communities, a Family Court here has granted divorce to a Muslim couple.
Granting divorce to the couple, Principal Judge of the Family Court P Devadass said the divorce was granted on the ground that the couple “cannot live together and carry out the wish of Allah in carrying out their matrimonial obligations”.
Before accepting the divorce plea of the couple, the court sought to consider if Islamic jurisprudence had any provision to dissolve such failed marriages through mutual consent. “The question is whether such a provision that is available to Hindus, Parsis and Christians under the Special Marriage Act, 1954, is available to Muslims,?” the Judge said.
The Judge said, “From the holy Quranic verse and the teachings and doings of Prophet Muhammed, views of Islamic scholars and judicial decisions, we learnt that 14 century years ago itself, Islam put an end to a meaningless marriage, a marriage on mere paper or a mere fiction, by the mutual consent of the spouses.”
Granting their plea for separation, the judge said: “it is a clear case of irretrievable breakdown of nikaah (marriage). They have categorically stated that they wish not to live together and wish to put an end to their marriage.”
The Islamic injunctions with respect to marital obligations permits separation when the spouses are not able to carry out the injunctions.
