Judge Tickaraman order #Jamaat should not be denied the right to register as a woman BY SEKAR REPORTER · NOVEMBER 27, 2021
Judge Tickaraman order #Jamaat should not be denied the right to register as a woman
BY SEKAR REPORTER · NOVEMBER 27, 2021
The Chennai High Court has ordered that a woman should not be denied the right to register her marriage and divorce details in the Jamaat Register.
Dawoodi was married to a Bora Muslim couple from the Barimuna area of Chennai in 2005 at the Bora Muslim Jamaat. After the birth of 2 children, there was a disagreement between the two. Divorce 3 times by letter, followed by email and cell phone SMS. The husband also sent for the wife through, and later, the Chennai Additional Family Court, granted the divorce to both.
Meanwhile, when the husband asked her to hand over the children to him, there was trouble on both sides.
The wife filed a lawsuit against her husband under the Domestic Violence Act in Georgetown Criminal Court. The magistrate who heard the case ordered the wife to pay a monthly maintenance cost of Rs 37,500.
The case filed by the husband against this order was dismissed by the Additional Sessions Court and the husband filed an appeal in the Chennai High Court against the dismissal. Similarly, the wife filed a separate petition seeking an increase in the sentence.
The cases came up for hearing before Judge RMD Deekaraman. Senior advocate Geetha Ramasesan, advocate Krishnamurthy and senior advocate V Prakash Ajaraki appeared for the husband. The judge who heard the case
In this case, the husband got married for the 2nd time without registering the divorce of his wife in the Jamaat. The child was also born by the 2nd wife. According to the rules of the Bora Muslim Jamaat, only the husband can register the divorce information in the marriage register. Senior counsel V Prakash, appearing for the wife in the case, contended that the wife did not have that right. However, the right to register the details of marriage and divorce in the Jamaat Register should not be denied on the ground that it is a woman and
should be registered.
Every woman has the right to declare that she is married or divorced. That right should not be denied. Civil court order relating to marriage, restricting Jamaat.
Therefore, according to the Criminal Procedure Code, the divorce granted to the wife in this case has to be registered in the Bora Muslim Jamaat Registration located in Chennai.
The District Court upheld the Magistrate’s Court’s decision.
Judge RMD Deekaraman dismissed the appeal and reduced the amount of compensation from Rs 10 lakh to Rs 7.50 lakh .