The Kerala High Court has said that if a Muslim woman has been given divorce under personal law, then there is no need to send her to the court to get the divorce registered.
Justice PV Kunhikrishnan said that under the Kerala Marriage Registration (General) Rules 2008, a woman has to register her marriage. He has gotten the divorce under his personal law, so he should not be sent to court to register his divorce.
The judge said in his decision that
''I think there is a flaw in the 2008 rule in this regard. The legislature should think about this. The Registry will send a copy of this decision to the Chief Secretary of the State for taking the necessary action as per law.''
The high court's order and observations come on a plea by a divorced Muslim woman, who had sought direction from the local marriage registrar to register her divorce in the marriage register.
The Registrar refused to register the divorce on the grounds that there was no provision in the 2008 Rules authorizing him to do so. After this, the woman approached the High Court.
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