Court can’t hear matters of Personal Law: Bar
D A RASHID
Srinagar, Nov 12: Participating in the arguments on the applications seeking review of the recent Talaaq (divorce) judgment by the J&K High Court, the Bar Association Monday said the court being a constitutional creation, can’t hear matters of Personal Law. The applications have been filed by High Court Bar Association and former HC Judge, Justice Bashir Ahmad Kirmani.
As soon as the case came up for hearing today, the court was jam-packed as everyone was eager to watch the proceedings. Opening up the arguments, Justice Kirmani informed the court that the judgment was passed with all honesty of purpose and the judgment is challenged with honesty of purpose and there is room for arguments to iron out differences.
“We must not have emotional or whatever disliking for the judgment and the judge must not have emotional attachment with the judgment,” Justice Kirmani argued.
President High Court Bar Association, Zaffar A Qureshi, while advancing his arguments told the court that High Court being a constitutional creation, can’t hear the matters of Personal Law of parties.
According to HCBA, the judgment warrants a review as it has larger implications on the society.
After hearing the brief arguments, Justice Hasnain Massodi posted the case at serial no. 1 for December 3.
HCBA and Justice Kirmani have filed separate applications before the court seeking re-look of the judgment.
In a landmark verdict on a case titled Muhammad Naseem Bhat alias Irfan Bhat versus Bilquees Akhter, 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.”
Lastupdate on : Mon, 12 Nov 2012 21:30:00 Makkah time
Lastupdate on : Mon, 12 Nov 2012 18:30:00 GMT
Lastupdate on : Tue, 13 Nov 2012 00:00:00 IST
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