Alleging mistreatment over dowry and girl child, Muslim woman gives talaq to husband
As day-to-day hearing continues in the Supreme Court to determine whether the practice of triple talaq was fundamental to Islam, a Muslim woman hailing from Uttar Pradesh on Friday took to the Shariyat to divorce her husband, alleging domestic violence by in-laws over dowry.
New Delhi: As day-to-day hearing continues in the Supreme Court to determine whether the practice of triple talaq was fundamental to Islam, a Muslim woman hailing from Uttar Pradesh on Friday took to the Shariyat to divorce her husband, alleging domestic violence by in-laws over dowry.
The woman claimed that her husband and in-laws used to mistreat over dowry and all hell broke loose after she gave birth to a girl child.
The woman, who has been married for over six years now, said she was beaten up and abandoned by her husband.
Speaking to news agnecy ANI, she said, "My husband had no affection for me or my daughter. He did not care for our living. I used to get beaten up regularly. Unable to bear this, I came back to my parents and have now decided to go by the Shariyat and give him talaq."
She has lodged a complaint alleging domestic violence in the name of dowry under Section 498 of the Indian Penal Code (IPC), adding that the divorce can be legally sanctioned as 'delegated divorce'.
The SC on Friday court wondered how something that was ordained as "sinful" by God can be a part of Muslim personal law.
Triple talaq is the "worst" and "not a desirable" form of dissolution of marriage among the Muslims, even though there were schools of thought which called it "legal", the Supreme Court observed.
A five-judge constitution bench headed by Chief Justice J S Khehar said there are "school of thoughts (which) say that triple talaq is legal, but it is the worst and not a desirable form for dissolution of marriages among Muslims."
The remark was made by the bench when senior lawyer Salman Khurshid referred to the various schools of thought and the stand of All India Muslim Personal Law Board (AIMPLB) that triple talaq was "abhorrent", yet valid.