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[POLITICS] · India · 6 sources

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Patna High Court rules Muslim husbands need no specific reason for divorce

The Patna High Court has ruled that under Muslim personal law, a husband is not required to provide a specific reason to dissolve a marriage. A Division Bench comprising Justice Bibek Chaudhuri and Justice Rana Vikram Singh issued the observation while dismissing an appeal filed by Md Sarif Anwar against his wife, Noorjahan Khatoon.

The case involved a husband seeking a divorce decree based on claims of cruelty and desertion, asserting he had previously pronounced talaq. While the High Court clarified the legal principles regarding the necessity of specific reasons for divorce under personal law, it upheld a Family Court decision that refused to grant the specific divorce decree in this instance. The lower court had previously rejected the plea, citing the Supreme Court’s 2017 ruling in Shayara Bano v. Union of India, which declared instant Triple Talaq unconstitutional.

Entities

Madras High Court · Patna High Court · Supreme Court of India