File photo of Kerala High Court File photo of Kerala High Court

The Kerala High Court on Friday observed that the apprehension that a uniform civil code governing marriage will offend the Sharia is a myth and underlined the need for a codified law for divorce.

Justice Muhamed Mustaque made the observation while hearing four petitions related to the divorce of Muslims. In one petition, a man had challenged a lower court order that asked him to pay alimony to his wife whom he had divorced through triple talaq. In three other pleas, the petitioners approached the court, saying that the passport office had not accepted their request to change the spouse’s name after they divorced through triple talaq. The first petition was dismissed, while the court asked the passport office to consider the plea of the other three petitioners.

“Apprehension of uniform civil code on marriage, that it will offend Sharia law, is a myth. The uniform civil code presupposes liberal multi-cultural society wherein one or more groups cannot hold unjustifiable consideration over others,” Justice Mustaque said.

The court said the law governing marriage, especially divorce, needs homogeneity for sustenance of marriage as a social institution. “The state must strive to achieve meaningful action to sustain equilibrium towards national oneness in character of society, while giving freedom to keep different faith holders to identify themselves in individual and social life without limiting their right to remain as group,” the court observed.

The court said the State is being alerted that justice has become elusive to Muslim women and the remedy lies in codification of the divorce law.

“The law is required to be aligned with justice … It is for the law makers to correlate law and social phenomena relating to divorce through the process of legislation to advance justice in institutionalised form. It is imperative that to advance justice, law must be formulated without any repugnance to the religious freedom guaranteed under the Constitution of India. It is for the State to consider the formulation of codified law to govern the matter,’’ said the judge.

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