IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 26TH MAY 2010 / 5TH JYAISHTA 1932 WP(C).No. 15192 of 2010(Y) -------------------------- PETITIONER(S): --------------- RIFA THANVI P.KAREEM,AGED 24 YEARS, D/O.P.K.ABDUL KAREEM,PUTHEDATH HOUSE, PONNURUNNI,VYTTILA, ERNAKULAM. BY ADV. SRI.M.A.ABDUL HAKHIM SRI.JYOTHISH.J.KALLINGAL RESPONDENT(S): --------------- THE REGISTRAR OF BIRTHS, DEATHS & MARRIAGES, CORPORATION OF KOCHI, ERNAKULAM. ADV. SRI.C.M.SURESH BABU,SC,COCHIN CORPORATI FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.15192/2010-Y ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 26th day of May, 2010 J U D G M E N T The petitioner was married to Mr.Firoz Sulaiman, Irinjalakuda and the marriage was solemnised on 30/11/2008. Ext.P1 is the copy of the marriage certificate. The marriage was registered with the respondent under the provisions of the Kerala Registration of Marriages (Common) Rules, 2008 and the copy of the certificate of marriage is produced as Ext.P2. 2. Subsequently, the marriage has been dissolved by pronouncing Talaq and, Ext.P3 is the copy of the agreement for dissolution of marriage. This is certified by Ext.P4 certificate issued by the Punnurunni Jama-ath. The petitioner along with the former husband submitted an application (Ext.P5) to the respondent to make necessary entry in the Register of Marriages recording dissolution of marriage, along with Exts.P1 to P4. The stand taken by the respondent is that the same can be endorsed only if the dissolution has been recognised by a Judgment of a Civil Court. 3. Heard the learned counsel for the petitioner and the learned Standing Counsel for the Corporation. It is submitted by the learned counsel for the petitioner that as W.P.(C). No.15192/2010 -:2:- far as Muslim marriages are concerned, they can be validly dissolved by a Talaq pronounced by a husband and it need not be by a decree of divorce from a competent court. Reliance is placed on a decision of this Court in Kanjirathingal Abdul Khader Nissar v. Passport Officer [2009(3)KLT 180]. 4. In the above decision, this Court in paragraph (1) referred to a Judgment of this Court in W.P.(C). No.34730/2008 wherein it was held thus in paragraph (5):- “5. Authentication of divorce by competent court is one of the methods of proving a divorce or even the existence of a remarriage. But it is not the only method. Divorce resultant upon a 'talaq' pronounced by her husband is a mode of divorce that is accepted in the Muslim Community. An affirmation of the state of affairs by a sworn affidavit in the form 'Annexure A' would suffice going by Cl.7 of Ext.R1(a). It is affirmed that State Government does not propose to make any addition to what is already mentioned as due procedure under Ext.R1(a).” 5. I respectfully agree with the above view. It is not necessary that as far as Muslim marriages are concerned W.P.(C). No.15192/2010 -:3:- dissolution should be one made by a Civil Court. By pronouncing Talaq, marriage can be dissolved. In that view of the matter, the petitioner is entitled to succeed in the matter. The writ petition is allowed. 6. There will be a direction to the respondent to make necessary entries in the Register of Marriages as sought for by the petitioner in Ext.P5 and certificate will be issued to the petitioner within a period of three weeks from the date of production of a copy of this Judgment. No costs. (T.R. Ramachandran Nair, Judge.) ms