Karnataka High Court’s comment – Muslim marriage is a contract, not a sacrament like Hindu marriage

Bengaluru, 20/10:The Karnataka High Court has held that Muslim marriage is a contract or contract, which has many meanings, it is not a sacrament like a Hindu marriage and cannot be taken away from certain rights and obligations arising out of its break-up. The case pertains to a petition by 52-year-old Ejazur Rahman in Bhuvaneshwari Nagar, Bengaluru, seeking quashing of the order of the First Additional Principal Judge of a family court in Bengaluru on August 12, 2011.

Rahman divorced his wife Saira Banu on November 25, 1991, after saying the word ‘talaq’, a few months after his marriage with ‘Mehar’ of five thousand rupees. After this divorce, Rahman married a second time, by which he became the father of a child. Bano then filed a civil suit on August 24, 2002, seeking maintenance. The family court had ordered that the plaintiff is entitled to monthly maintenance at the rate of Rs 3,000 from the date of suit till his death or his remarriage or till the death of the defendant.

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