Ranchi: The Jharkhand High Court, in an important ruling, has held that a former husband’s refusal to remarry his divorced wife after the completion of the halala process does not constitute a criminal offence.
The court observed that no person can be compelled to enter into a marriage against their will. The case is related to Giridih district.
High Court Hears Giridih Case
The matter was heard on Wednesday by the court of Justice Sanjay Kumar Dwivedi of the Jharkhand High Court.
According to the case details, a Muslim couple had divorced. Following the divorce, the woman married another person after following the halala process under Muslim personal law.
She later expressed her desire to remarry her first husband. However, the former husband refused to enter into another marriage with her.
Criminal Complaint Filed After Refusal
Following the former husband’s refusal, the woman filed a criminal complaint against him.
The accused former husband subsequently approached the Jharkhand High Court seeking anticipatory bail.
During the hearing, the High Court observed that after the divorce and the woman’s subsequent marriage to another person, the former husband had no legal obligation to marry her again.
No One Can Be Forced to Remarry
The court made it clear that merely refusing to remarry does not fall within the category of a criminal offence.
It further observed that neither Muslim personal law nor the general criminal law of the country can compel a person to enter into a marriage against their will.
The High Court granted the accused former husband the benefit of anticipatory bail on furnishing two personal bonds of ₹25,000 each.
