The Kerala High Court on Friday called for the Centre’s intervention in formulating a codified law to govern divorce among Muslims.
Justice A Muhamed Mustaque, while disposing of a batch of writ petitions in connection with triple talaq, observed that it was possible to have a common code “at least for the marriage law in India”.
Pointing out that while parties could be permitted to marry in accordance with religious rites, the judge said there could be a “common divorce law” based on a ground of “irretrievable breakdown of marriage”.
Referring to the reforms effected in marriage and divorce laws in Muslim countries, the court observed that justice had become elusive for Muslim women in India “not because of the religion they profess, but on account of lack of legal formalism resulting in immunity from law”.
Homogeneity needed
The court also observed that marriage and divorce laws need homogeneity for sustenance of marriage as a social institution which is a priority of the state.
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