LAWS(KER)-2016-12-77

NAZEER@ OYOOR NAZEER Vs. SHEMEEMA

Decided On December 16, 2016
Nazeer@ Oyoor Nazeer Appellant
V/S
Shemeema Respondents

JUDGEMENT

(1.) The Holy Quran says: Allah desireth for you ease and desireth not hardship for you. (Chapter 2:185) and further adds: ye hath chosen you and hath not laid upon you in religion any hardships (Chapter 22:78). Yet, fallen creations made their professed divine law difficult for them to follow as these writ petitions depict. The practise of triple talaq denounced by this court in Mohammed Haneefa Vs. Pathummal Beevi, 1972 KLT 512 as sufferings of monstrosity for Muslim wives still resound in this court hall as State failed to soothe outcry of hapless women even after four decades.

(2.) These writ petitions before me were filed by different persons. Though these writ petitions are premised on different facts and are for different reliefs, a common legal question in regard to triple talaq practised in India emerges out of it justifying its disposal by a common judgment. Translation of Holy Qur'an relied on in this judgment are of

(3.) W.P.(C) No.37436 of 2003 is filed by a Muslim husband aggrieved by the proceedings initiated while his wife (former wife) under Sec. 3 of Muslim Women (Protection of Right on Divorce) Act, 1986 The petitioner was proceeded in the above case alleging that the petitioner had divorced his wife by a talaq kuri on 7.7.2001 and therefore, the wife is entitled to monetary reliefs from the petitioner including maintenance during iddat period. The precise case of the petitioner in this writ petition is that he did not dissolve the marriage. According to him, talaq kuri sent by him is not a legally valid one and it cannot be acted upon. The learned Magistrate overruling the objection of the petitioner took the view that talaq kuri is legally valid after referring to the fact his former wife observed iddat as per the law. The learned Magistrate came to a conclusion that marriage has been dissolved by talaq. By the above proceedings, learned Magistrate awarded a sum of Rs. 3,03,205 to be recovered from the petitioner. In this writ petition petitioner challenges Ext.P4 order on the ground that divorce is not in accordance with Islamic law.