New Delhi: A family court in Ujjain has "nullified" the triple talaq given by a man to his wife saying that due procedure prescribed in Muslim religious texts was not followed.
Additional principal judge of the family court, Omprakash Sharma on March 9 observed that the procedure adopted by Tousif Sheikh to divorce his wife was "illegal" and "ineffective" and nullified the same, PTI reported.
According to the report, Arshi Khan got married to Tousif from Dewas on January 19, 2013 and after some time he (Tousif) started demanding money from her. Tired of his demands, the woman returned to her parents' home and reported him under the Anti-Dowry Act.
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That case is still pending in the court, the victim's lawyer Arvind Gaud said.
[blurb]On October 9, 2014, Tousif verbally divorced Arshi in Ujjain court premises, where they had come in connection with some other case. Later, he informed her through a notice that he had divorced her by uttering talaq thrice.[/blurb]
Arshi challenged divorce on the grounds that due procedure as prescribed in the Muslim religious text was not followed in the matter, Gaud said.
The court in its order found discrepancies in it and said that Tousif had failed to mention in his reply that through which method 'Talaq Ahsan or Talaq Hasan' he had divorced his wife.
[quote]The judge said that he failed to give credible evidence of the presence of Arshi in the court premises as mentioned by him when he had pronounced talaq thrice, while as per the religious law, the presence of the woman in question is mandatory.[/quote]
The court also observed that no steps were taken by the parties concerned for any mediation on the issue as per religious law, PTI said.
The court took into account various decisions given by other courts on the issue before declaring the talaq as "illegal", "ineffective" and "nullified" it.
(With PTI inputs)