HCBA follows Justice Kirmani, seeks rehearing

TALAQ JUDGEMENT

D A RASHID

Srinagar, Nov 9: Day after a retired Judge Justice B A Kirmani of Jammu and Kashmir High Court filed an application for rehearing of Talaaq case titled Muhammad Naseem Bhat alias Irfan Bhat versus Bilquees Akhter, the Jammu and High Court Bar Association submitted an application seeking amends for the judgment delivered in the case.
 The HCBA has filed the application citing certain points as infirmities for the constitutional bench to hear the matter of personal law of parties.  
 “Since High Court is a constitutional creation and constitutional bench cannot hear the matter of Personal Law of parties,” reads the application.
 The application states explicitly that in Shah Bano Case the Supreme Court tried to interfere in Personal Law and the parliament had to rectify the Judgment by way of amendment stating as such the court could not interfere.
 The petition states that the case warrants a hearing as in the judgment different ‘Fikas’ have been interpreted with regard to Talaaq which will greater implications on the society.
 “We filed the application under section 94 of Jammu and Kashmir Constitution as High Court is a court of records and it can review its judgments for errors,” Zaffar A Qurashi , President HCBA told Greater Kashmir.
  A retired Judge of Jammu and Kashmir High Court, Justice( Retd) Bashir Ahmad Kirmani  on Thursday filed an application before the High Court seeking rehearing of Talaaq petition  for elucidation of some points in the judgment.
 The High Court would hear both the petitions on Monday. In a landmark verdict, the High Court of Jammu and Kashmir has recently ruled that the “power to pronounce Talaaq (divorce) is not absolute or unqualified.”
 The 23-page judgment by Justice Hasnain Massodi goes extensively into details of the Shariah law and Quranic injunctions on the subject to find support for its view that “husband cannot have unrestricted or unqualified power to pronounce the Talaaq.”
 The judgment lays special emphasis on going into the fundamental sources of Shariah law to understand the concept of marriage in Islam, the rights of the parties to the marriage contract and the mode and manner the contract is dissolved.The judgement reads: “Though Islam visualizes a situation where a marriage may run into rough weather for reasons beyond control of the parties to the marriage contract, and provides for a mechanism to end or dissolve the relationship in such case, yet the device of divorce is to be used as the last option when the marital relations have irretrievably broken down.”

Lastupdate on : Fri, 9 Nov 2012 21:30:00 Makkah time
Lastupdate on : Fri, 9 Nov 2012 18:30:00 GMT
Lastupdate on : Sat, 10 Nov 2012 00:00:00 IST




  • del.icio.us
  • StumbleUpon
  • Digg
  • TwitThis
  • Mixx
  • Technorati
  • Facebook
  • NewsVine
  • Reddit
  • Google
  • LinkedIn
  • YahooMyWeb
  • Print News

Enter the Security code exactly as you see it in the image security code is CaSe SeNsItIvE(Cookies must be enabled)
  • MORE FROM COURT WATCH

  • Kashmir

4 militants killed in Keran: Army

SHABIR IBN YUSUF

Srinagar, Nov 9: Army on Friday said they have killed four militants while foiling an infiltration bid in Keran sector of Kupwara district in north Kashmir. The operation to flush-out the remnant militants More



  • Srinagar City

Chest Diseases Hospital gasps for breath

Sans basic diagnostic, life saving equipments

ARIF SHAFI WANI

Srinagar, Nov 9: Signifying messy state-of-the-affairs in healthcare system, the lone chest specialty hospital in Kashmir –the Chest Diseases Hospital –sans basic diagnostic and life saving equipments More




  • Jammu

Despite ban manual scavenging still prevalent in JK

Problems More In Srinagar Than Jammu, Claim Officials

ARVIND SHARMA

Jammu, Nov 9 : Despite ban on the manual scavenging in Jammu and Kashmir, over 1.70 lakh households out of the total 20 lakh in the state are still dependent on human waste carriers or in other words dependent More



  • News

Bangladesh asks Pakistan to apologise for 1971 atrocities

ANISUR RAHMAN/PTI

Dhaka, Nov 9: Bangladesh today demanded an apology from Pakistan for the genocide committed by its troops during the 1971 liberation war, but Islamabad said it's time to carry forward ties "burying the More



  • Court Watch

HCBA follows Justice Kirmani, seeks rehearing

TALAQ JUDGEMENT

D A RASHID

Srinagar, Nov 9: Day after a retired Judge Justice B A Kirmani of Jammu and Kashmir High Court filed an application for rehearing of Talaaq case titled Muhammad Naseem Bhat alias Irfan Bhat versus Bilquees More



  • Bandipora

Ajas Bridge develops cracks

Poses threat to commuters, authorities unmoved

Bandipora: Cracks have developed in a five decade old bridge at Ajas market here posing threat to commuters.  The bridge was built in 1961 and has not been repaired even once since then. Locals said More



ADD
Designed Developed and Maintaned By Imobisoft Ltd /Algosol Software Solutions