Court throws out man’s petition against ex-wife’s remarriage

The administrative civil judge at Karkardooma Courts observed that after giving talaq to Shahin in front of the families of both parties involved and signing a compromise deed,Rehman did not have the option of claiming later that he had been forced to divorce her without providing strong evidence to back it up.

Rehman and Shahin’s wedding was performed on December 26,2002 as per Muslim rites. The marriage was attended by their relatives and friends. All went well till differences arose between the two families.

According to Rehman’s petition,his relatives were not treated well at the wedding. When he and his father complained about this,the girl’s family refused to perform nikah. He was compelled to give her divorce and was also made to sign a blank paper that was later allegedly converted into a compromise deed,he alleged.

Shahin,however,in a written statement,told the court that matters turned ugly when her family failed to fulfill Rehman’s additional dowry demands. Shahin said Rehman had come to her house later that evening with other relatives and pronounced the talaq. He also signed a compromise deed,whereby he agreed to pay back Rs 75,000 spent by her father in arranging the wedding. Shahin had remarried after the episode.

After hearing the arguments of both sides,the judge observed: “If the talaq was pronounced under compulsion,why did the plaintiff not make a complaint in this regard to the police?” The court further said that while petitioner failed to prove his various contentions,Shahin had successfully established that the talaq was pronounced by him in accordance with Shariat laws and that no vidai ceremony was performed either.

(Names have been changed to protect identities.)