A woman from Ahmedabad on Sunday yelled “Talaq” (divorce) three times at her husband, giving him an instant ‘Triple Talaq. The case went to Vejalpur Police station, however, the divorce was not accepted.
Vejalpur Police was presented with a different case when the woman, Mumtaz Shaikh, 32, a resident of Juhapura, had ostensibly shouted at her husband giving him ‘Triple Talaq’ and took their three children along with her to her maternal house. Shaikh’s father reportedly had told the police that his daughter left the house as she was tired of the mistreatment dealt out by her husband, Sherkhan Pathan, 33.
Pathan later visited his father-in-law’s house to meet his family and bring them back to their home. However, to his shock, on Saturday, on the auspicious occasion of Eid al Adha, Pathan reported that he was allegedly ambushed by his father-in-law. The husband was told that he should not bother coming to their (in-laws) house to meet and take back his family as an “instant divorce” had been acted upon by his wife, Mumtaz.
Two separate complaints of assault were filed in Vejalpur police station on Sunday, one by Mumtaz’s father and another by her husband. Shaikh had also filed a case of domestic violence a week ago, after separating from Sherkhan. She had also informed police that Pathan used to allegedly beat her over insignificant issues.
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However, inspector L D Odedara of Vejalpur police rejected this practice of instant talaq and quoted,
This talaq cannot be considered legitimate either under the country’s laws or under the Islamic code.
Odedara also said that the woman’s family had reflected it as a legal divorce and told him,
We have considered it a divorce.
An Islamic Priest, Mufti Asjad Qasmi, has stated that a wife cannot divorce her husband under Islamic laws. He further continued and mentioned that the divorce given by the wife to her husband is unacceptable. He said,
Such a divorce will not be considered legitimate.
Pathan has mentioned in his FIR that his father-in-law had attacked him on Saturday. The report read:
When I was talking to my wife, my father-in-law punched me on my face. My brother-in-law, Mujassim Shaikh had also joined my father-in-law to thrash me and attacked me with a sword.
Triple Talaq Law India
“Triple talaq”, as it’s known, allowed a husband to divorce his wife by repeating the word “talaq” (divorce) three times in any form, including email or text message. India’s parliament approved a bill that made the Muslim practice of “instant divorce” a criminal offence.
The Supreme Court declared the practice unconstitutional in 2017. Men found in breach of the new law can be jailed for up to three years. The bill was first tabled in 2017 but stalled in the upper house of parliament, where some MPs called it unfair. Subsequently, the law was passed last year, where Triple Talaq practice became a criminal offence……of course only for the Men.
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In the above case, the woman has used this unconstitutional practice, citing domestic violence by husband. Most people would even justify the same, because allegations of the woman are enough to get a man divorced or put him behind bars. However, no amount of justification, if the gender are reversed, will be acceptable to society.
Men’s Day Out does not support the practice of Triple Talaq from either genders and firmly believes in fair legal hearing allowing both sides to present their views on their alleged abusive marriage.
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