Karnataka HC Ruling On Muslim Marriage And Divorce
Karnataka HC Ruling On Muslim Marriage And Divorce
M.U.H
11/08/202614
The Karnataka High Court has held that the legal framework for a Muslim marriage depends on how the marriage was solemnised.
The ruling came in the case of Sajid Parvez versus Farzana Taj. A division bench comprising Justice D K Singh and Justice T M Nadaf considered the dispute.
The court upheld the Family Court’s order and rejected the husband’s attempt to seek divorce under the Special Marriage Act.
Court Examines Nikah And Special Marriage Act
The court held that registration of a Muslim marriage under the Special Marriage Act does not by itself alter the nature of the original marriage.
According to the ruling, a marriage solemnised under Muslim Personal Law continues to be governed by the applicable personal law.
The court also noted that registration under the Special Marriage Act can serve purposes such as travel and visa documentation.
However, the applicable law for divorce depends on the legal basis of the marriage. A marriage solemnised under the Special Marriage Act can be dissolved under its provisions.
The court’s reasoning is consistent with earlier judicial decisions distinguishing marriages solemnised under the Special Marriage Act from marriages conducted under personal law.
