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This is an archive article published on August 23, 2017

Triple Talaq Verdict: ‘There is hope now, many will get courage to fight’

For Habiba, the eight years of her marriage with Haroon was seeped in agony. “I have suffered mental and physical abuse from my in-laws. My mother-in-law left no stone unturned to make my life a living hell by provoking my husband to chastise me."

Triple talaq, Triple talaq verdict, Vadodara triple talaq, SC triple talaq Habiba Qureshi, who has challenged triple talaq, outside Vadodara court, Tuesday. (Express Photo/Bhupendra Rana)

Habiba Qureshi was all smile on Tuesday after she learnt about the Supreme Court’s decision to put a stay on instant triple talaq. The 28-year-old has been fighting a legal battle since March this year after her husband of eight years divorced her by uttering talaq three times in one go. “The Supreme Court verdict has come as a hope for many Muslim women who have suffered the agony of triple talaq. Many of my friends and family members have bore the brunt of it. With this verdict, many women will find the courage to fight,” says Habiba, who has filed a petition in the family court, challenging the instant triple talaq given to her.

Seeking restoration of her conjugal rights, Habiba in her petition has stated: “The respondent (Haroon) has uttered the words ‘talaq, talaq, talaq’ in one go, in a fit of rage and therefore it is invalid as per the Sharia law in Islam. The talaq was given on provocation of the respondent’s family. The respondent has not provided for the maintenance of the petitioner nor made arrangements for her accommodation and food. Therefore, I pray that this talaq be declared invalid, the marriage be restored to be considered as valid as if the talaq has not been pronounced, and restore my conjugal rights in this marriage.”

For Habiba, the eight years of her marriage with Haroon was seeped in agony. “I have suffered mental and physical abuse from my in-laws. My mother-in-law left no stone unturned to make my life a living hell by provoking my husband to chastise me. It had totally shaken my confidence,” says the mother of a seven-year-old boy. According to Habiba, her brother and sister supported her decision to file a case against triple talaq.

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Terming her legal battle as a “fight for dignity,” Habiba, who is also a painter, says: “I am doing this for my son, Hamza”. Her husband, who sells chicken, has allegedly not allowed her to meet her son. “If he (Haroon) promises to keep me well, I will also return to him. For us Muslim women, living alone is not an option yet… I do have fleeting thoughts about standing on my own feet, but my community members and family tell me that women in our community cannot live alone,” says Habiba who has warded off suggestions from her family and friends to marry an ‘older man’ and forget her past life, including her son. “How can I forget my son? People have been bringing in proposals to marry older men, who are fathers to grown-up children; in some cases they have adult children. They tell me that these are the only men from whom I will now get marriage proposals. But, I am only 28,” she adds.

According to Habiba’s advocate, the Supreme Court verdict will have a direct impact on her case. “The next hearing in her case is slated for September 14, where we will cite the apex court’s judgment. It will certainly help us in restoring Habiba’s marriage to Haroon. We will also urge the court to take an undertaking from him about keeping her well and unharmed,” said advocate Neeraj Jain. According to him, Habiba’s case against triple talaq is a rare one “as most of them turn to maulvis to settle their marital disputes”.

As Habiba leaves court, she signs off saying: “I know Allah is with me.”

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