Chennai, January 1
A family court here has granted divorce to a Muslim couple after observing that Muslims, like other religions, are entitled to divorce by mutual consent of spouses if they fail to carry out marital obligations.
Principal Judge P Devadass said 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? “From the holy Quranic verse and teachings and doings of Prophet Muhammed, views of Islamic scholars and judicial decisions, we learnt that, even before 14 century years, Islam had allowed an end to a meaningless marriage — a marriage on mere paper or by fiction — by mutual consent of 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 do not wish to live together and wish to put an end to their marriage”.
The Islamic injunctions with respect to marital obligations permit separation when the spouses are not able to carry out the injunctions.
— PTI
