Madras High Court: Changes Introduce in the Muslim Personal law

Madras High Court: The court has also said that if a Muslim husband marries again, the first wife cannot be forced to live with him.

Madras High Court: The Madras High Court has given a significant order on unilateral divorce, saying that if a Muslim husband gives divorce and the wife refuses to accept it, then the divorce will be accepted only through the court. Justice GR Swaminathan said that in case of a divorce dispute, it is the husband’s responsibility to convince the court that the divorce given to the wife is according to the law.

The court has also said that if a Muslim husband marries again, the first wife cannot be forced to live with him. According to Muslim personal law, men are allowed to marry more than once. The court said that despite this, the first wife may suffer mental trauma. If the first wife disagrees with the husband’s second marriage, she is entitled to maintenance from the husband.

Civil Review Petition

The court was hearing the husband’s civil review petition against the Sessions Court’s order to compensate the wife. The wife had filed a case of domestic violence against the husband in 2018, and the magistrate had ordered the husband to pay Rs 5 lakh as compensation to the wife and Rs 2,500 per month for the maintenance of their child. The husband claimed that he had already given three divorces to the wife, but the Sessions Court did not accept it. The court said that in case of the wife’s disagreement, only the court can confirm the divorce, not the husband himself.

Certificate By Sharia Council

The court was shocked by the certificate issued by the Sharia Council, which held the wife guilty of not cooperating in the divorce proceedings. The court said that the certificate issued by the Sharia Council is not legally valid, as only the court can give a verdict.