JUDGMENT :

P.V. KUNHIKRISHNAN, J.

1. A Muslim marriage is conducted in accordance with their personal law and thereafter registered under the Kerala Registration of Marriages (Common) Rules, 2008 (hereinafter referred as Rules 2008). Subsequently, if the husband pronounces talaq in accordance with his personal law, he can remarry without removing the entry in the register of marriage maintained under Rule 2008, because his personal law permits more than one marriage in certain situations, but that divorced Muslim lady cannot remarry till the marriage entry as per Rule 2008 is removed by approaching a competent court of law. Is there any other remedy to remove the entry made as per Rule 2008 is the point to be decided. If a law abiding Muslim couple registered their marriage as per Rule 2008 and subsequently the husband pronounce talaq, can the registration of marriage as per Rule 2008 be a burden to the Muslim women alone? When such discrimination is pointed out, is it not the duty of the constitutional court to step in? These are the points to be decided in this case.

2. Marriage between the 3rd respondent and the petitioner was solemnized on 30.12.2012 at Busthaniya Shadi Mahal, Vat