Retired Judge seeks rehearing, files petition
D A RASHID
Srinagar, Nov 8: In a major development a retired Judge of Jammu and Kashmir High Court on Thursday filed an application before the High Court seeking rehearing of Talaaq petition.
Justice (Retd) Bashir Ahmad Kirmani, has filed the application before the court seeking elucidation of some points in the judgment titled Muhammad Naseem Bhat alias Irfan Bhat versus Bilquees Akhter.
Stating that some observations made in the Judgement are of far reaching consequences, Kirmani has submitted that the matter deserves to be reheard on several points.
“The Judgement touches upon some very crucial questions of the family law applicable to a vast majority of the population of the state and is likely to operate a wide area, as such, in its given texture requires thorough second look” reads the application.
According to the application while determining certain basic facts of Talaq Under Muslim Law, the judgment limits consideration of the subject in fullness, leaving certain elements integral thereto out of its Purview, rendering the findings inapt and hence open to misapplication.
That while pronouncing upon the different aspects of the subject, the Judgment by necessary implications overreaches into such areas of Muslim Law, as are well beyond the purview of Shariat Act, hence overflowing permissible contours, yielding possibility of jurisdictional conflict.
“The interpretation of some of the provisions of the sources of Muslim Law as contained in the judgment does not fully tally with the intent and import thereof, leaving it open to misinterpretation,” reads the petition.
The application states that the sequence, subtext and background of the material quoted in the judgment are not fully reflected in the narrative forming its core.
Seeking rehearing of the case, the applicant has submitted that the High Court as a court of record has a duty to itself to keep all record correctly and in accordance with law. “If any apparent error is noticed by the High Court in respect of any order passed by it, it was not only the power but a duty to correct it,” he submitted.
In a landmark verdict, on October 29, the High Court of Jammu and Kashmir ruled that the “power to pronounce Talaaq (divorce) is not absolute or unqualified.”
Lastupdate on : Thu, 8 Nov 2012 21:30:00 Makkah time
Lastupdate on : Thu, 8 Nov 2012 18:30:00 GMT
Lastupdate on : Fri, 9 Nov 2012 00:00:00 IST
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