A division bench of Justices A Muhamed Mustaque and Justice Sophy Thomas said that if the talaq or any religious act is not done in accordance with personal law, the same can be challenged before a court of law after the act but a court cannot restrain a person from performing it in the first place.
“The Court should not forget the mandate of Article 25 of the Constitution of India, which not only allows one profess religion but also to practice.I n essence, if any orders are passed restraining one from acting in accordance with the personal belief and practice, that would amount to encroaching his constitutionally protected rights. No doubt, aggrieved can challenge any action emanates out of exercise of faith and practice; if it was not done in accordance with the personal law, belief and practice but that stage would arise only after the performance of the act. The jurisdiction of the Court is limited in these kinds of processes. The Family Court cannot restrain a person performing his act in accordance with the personal law,” the High Court held
Source: Barandbench
