Divorce over phone is invalid: Mumbai court

Updated on Mar 29, 2019 12:15 PM IST

The woman had approached the Dadar metropolitan court in October 2014 — three months after her husband ‘divorced’ her over the phone following multiple police complaints filed by the two sides against each other.

The woman had approached the Dadar metropolitan court in October 2014 — three months after her husband ‘divorced’ her over the phone .(Getty Images/iStockphoto)
The woman had approached the Dadar metropolitan court in October 2014 — three months after her husband ‘divorced’ her over the phone .(Getty Images/iStockphoto)
Hindustan Times, Mumbai | By

In a relief for a Sewree-based woman whose husband had divorced her over the phone, a metropolitan court on Thursday ruled that the divorce is not valid. The court, which was hearing the domestic violence case filed by the woman, also directed the husband, a Muslim civil engineer, to pay her 1 lakh as compensation, apart from a monthly maintenance of 10,000.

The woman had approached the Dadar metropolitan court in October 2014 — three months after her husband ‘divorced’ her over the phone following multiple police complaints filed by the two sides against each other. She had also filed a non-cognisable report and an FIR in 2014, claiming her husband and in-laws beat her and demanded money. The husband had in July 2014 submitted the talaqnama in his defence and claimed to have issued a cheque of 9,000 to her for iddat (the period of waiting a woman observes after divorce).

On Thursday, magistrate VB Bohra, however, observed that: “The contention of [her in-laws] that she was insisting for divorce also can’t be considered. On the contrary, it appears that [he] was in a hurry to give divorced.”

The court held that the in-laws “failed to prove the fact of giving talaqnama either through phone [or the document]”. The payment of iddat was also not proved. “After marriage, more particularly after having children, a woman doesn’t leave her husband unless in compelling circumstances,” the court noted while granting compensation to the woman.

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  • ABOUT THE AUTHOR

    Farhan Shaikh is a reporter with Hindustan Times, Mumbai. He writes for the crime and legal team, along with reportage on Mumbai traffic issues.

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