IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.R.Swaminathan, J
Mohamed Harish – Appellant
Versus
The Sub Registrar, O/o.the Sub Registrar Office, Ramnagar, Devakottai, Sivagangai District – Respondent
ORDER
Heard both sides.
2.The writ petitioner's marriage with one A.Aisha was dissolved through Court process on 21.01.2021. Thereafter, the petitioner got married to one Thamjith Nihar on 07.06.2023 as per Muslim rites and customs. The said Thamjith Nihar was also a divorcee. She had earlier married one Syed Abuthahir on 23.08.2021 and the said marriage was dissolved through Khula as evidenced vide deed dated 20.06.2022. When the petitioner herein wanted to register his marriage with Thamjith Nihar, the respondent declined to do so on the ground that no proof has been submitted to show that Thamjith Nihar had obtained dissolution of her marriage through Court. Challenging the said refusal check slip dated 08.08.2025 issued by the respondent, this writ petition has been filed.
3.Under Shariat Law, marriage can be dissolved by mutual consent between the husband and wife and this mutual consent may take the form of khula or mubara'at ( 2024 SCC OnLine All 7373 ( Arshad Husain Vs. Shahneela Nishat ). A reading of Section 2 of the Muslim Personal Law (Shariat) Application Act , 1937 indicates that khula has been statutorily recognized and that when questions involving khula arise, the
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