ABDUL KHADER SUHUD Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is a Muslim. He originally marked one Smt. Tahira. The said marriage was dissolved as per the procedure prescribed under the personal law of the petitioner on 27-12-2004., Now the petitioner desires to marry another lady and wants the marriage solemnized and registered under the provisions of the Special Marriage Act, 1954. Under the Special Marriage Act, a marriage cannot be registered under

(2.) I have heard the learned counsel for the petitioner as also the learned Government Pleader.

(3.) Under Muslim personal law, a Muslim can validly divorce his wife without resorting to proceeding before a Civil Court or Family Court. I am of the opinion that the 2nd respondent cannot, under law, insist on production of decree of divorce of the earlier marriage for solemnizing and registering the 2nd marriage of the petitioner when the petitioner has produced adequate proof of divorce of the first marriage as required under Muslim Personal Law. Therefore, I am of the opinion that the 2nd respondent can act on the basis of Ext. P1 certificate issued by the Muslim Jama-Ath. Since the petitioner has submitted a declaration as Ext. P3, in which, it is specifically declared that the petitioner is a divorcee at present, I am satisfied that these formalities are sufficient for proving that the petitioner has in fact divorced his 1st wife. In the above circumstances, there would be a direction to the 2nd respondent to solemnize and register the marriage of the petitioner, accepting Exts.P1 & P3, if all other conditions under the Act are satisfied.