JOIN US A retired judge has filed a petition in the Jammu and Kashmir High Court seeking a rehearing of the petition in which a single bench had ruled that a husband’s power to divorce his wife was not unrestricted.
Justice (retired) Bashir Ahmad Kirmani filed an application before the High Court seeking rehearing of the case on the grounds that observations made by Justice Hasnain Masoodi in his 23-page judgement had far reaching consequences.
“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 in a wide area, as such, in its given texture requires thorough second look,” Justice Kirmani said in his application.
Justice Kirmani has challenged the observation made by Justice Hasnain Masoodi in para 26 and 27 of the ruling which pertain to maintenance of wife after divorce and putting the onus on the husband to prove that divorce was resorted to after all options of reconciliation were exhausted.
Jamaat backs petition
Meanwhile, Jamaat-e-Islami Jammu and Kashmir has welcomed the filing of the application against the ruling.
“Jamaat-e-Islami welcomes the filing of a review petition before the High Court and hope that the judge will re-address the issue in the right perspective, keeping in view the far-reaching consequences of his judgement,” a spokesman of the socio-religious organisation said.
Jamiat-e-Ahle Hadeeth have expressed their reservations about the ruling.