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Wednesday, Nov 13, 2019

Man sends ‘talaq’ notice by registered post, Kerala court nullifies the divorce

The family court says due procedures as prescribed in the Quran were not followed.

india Updated: May 18, 2017 19:03 IST
HT Correspondent
HT Correspondent
Hindustan Times, Thiruvananthapuram
A group of women protest against 'Triple Talaq' at Jantar Mantar in New Delhi.
A group of women protest against 'Triple Talaq' at Jantar Mantar in New Delhi. (PTI File Photo )

A family court in Kerala on Wednesday denied divorce to a petitioner seeking legal validity for his “talaq” sent by a registered post.

This comes amid a raging debate in the country over the practice under which a Muslim man can divorce his wife by simply uttering the Arabic word thrice.

The Supreme Court is currently hearing a clutch of petitions challenging the Muslim practices of polygamy, nikah halala and triple talaq.

Several Muslim women moved the court saying the practice is discriminatory, against gender justice and dignity of women.

The court in Malappuram observed due procedure as prescribed by the Quran was not followed by the petitioner. It said the petitioner failed to produce any evidence of him going through due procedure of the talaq and also failed to cite any specific reason for seeking the divorce.

Malappuram resident Ali Faizi had moved the family court seeking legal validity for talaq.

Though the petitioner sent the “talaq” to his wife in 2012, the respondent did not accept the letter sent by registered post. The court citing earlier orders of the Kerala and Karnataka high courts held that there should be a reasonable cause for talaq.

“Taalq should be given only after conciliation attempts by husband and wife failed. No such attempts were initiated here so the petitioner is not entitled to get the declaration as prayed for,” judge Ramesh Bhai said dismissing the petition.

“Besides this, no valid cause was cited for talaq,” the judge said.

Since the petitioner failed to meet the due procedure as per the Quran and Islamic laws, his talaq carried no legal validity, the court observed.