Can’t deny woman’s right to register divorce, High Court tells Jamath

The petitioner said her ex-husband re-married and has two children, while she is unable to decide the future course of action in life

CHENNAI: The Madras High Court directed the Jamath of Bohra community situated in Moore Street, George Town, to register the divorce order of a family court so as to enable the wife to decide on the future course of action in her life.

Justice Teekaa Raman issued the direction after hearing a plea by V Sakina seeking directions to the Jamath of Bohra community to register her marital status.

“As per the customary practice being prevalent in the Bohra community in the Muslim religion, divorce has to be recorded in the Jamath. Marriage was solemnised between Sakina and Abizer N Rangwala in 2005. Later, the husband gave Talaaq intimation to the woman citing difference of opinions. Subsequently, the wife moved the family court seeking divorce and compensation,” petitioner’s counsel V Prakash submitted. The petitioner also alleged domestic violence by the husband.

Though the additional principal judge-II, Family Court, Chennai, dissolved the marriage, the order was not communicated to the local Jamath, the petition said. “He has re-married and has two children through the second marriage. However, the woman who is divorced by the husband is unable to decide her future course of action in life,” the petitioner submitted.

Recording the submissions, the judge held that Jamath could not deny the woman’s right to register her marital status.

“The wife should also be given an option to make an entry of passing of the decree by the competent court for the entry in the Jamath register and any such denial is being given to the Muslim woman, I feel that the woman’s right in the above-stated situation cannot be denied on the ground of being a woman. The right to declare her marital status is a right of a woman. Jamath is hereby required to register the decree of divorce passed by the competent court,” the court ordered.