May 29, 2021 3:03:40 am
The Aarey police in Goregaon (East) have lodged an FIR against Amir Nensey, the 71-year-old chairman of real estate firm Royal Palms India Pvt Ltd, who allegedly gave triple talaq to his wife last year.
Rahat, 67, a homemaker, has alleged that Amir gave her triple talaq because she refused to give him power of attorney over her property rights in the family business, and also manhandled and threatened her.
Rahat stated in the FIR that she got married to Amir in 1971 as per Islamic rituals and they have two sons, Mohamed and Dilawar. The family owns Royal Palms Pvt Ltd, she has 30% shares of the company in her name, Amir has 25%, and the remaining stake is with other members of the family.
The properties of the company include 240 acres of land in Aarey colony, Goregaon.
“In April 2020, my husband Amir asked me to give the power of attorney over my shares in our family property to him and I refused. He abused and threatened me over it and stopped speaking to me. In order to harass me physically and mentally, he fired two of my domestic help,” Rahat said in her complaint.
On June 23 last year, Rahat said, Amir again asked for her power of attorney and when she refused, he said he was divorcing (talaq) her for the first time.
On July 2, he again said he was giving her talaq, and the third and final pronouncement of talaq allegedly came on August 2 after she turned down his repeated demand to transfer her property rights in his name.
Under existing laws in India, instant triple talaq or “Talaq-e-Bidat” — where divorce is given by uttering talaq three times in one sitting — is illegal.
However, Talaq-e-ahsan, in which talaq is pronounced thrice over a three-month iddat period to factor in three menstrual cycles of the woman, is legal. This time is meant for reconciliation and arbitration.
During this period, if any kind of cohabitation occurs, the talaq is considered to have been revoked. Rahat in her complaint also claimed that in May this year, she was manhandled by her husband who threatened to implicate her in false cases. It was then that she decided to file a complaint.
The FIR was registered under Section 3 and 4 of the Muslim Women (protection of rights on marriage) Act 2019 and Sections 498 (A) (cruelty by husband), 323 (causing hurt), 504 (intentional insult), 506 (criminal intimidation), 427 (Mischief causing damage to the amount of fifty rupees) of the IPC.
Till the time of going to press, phone calls and a text message to Amir seeking his comments on the FIR went unanswered. Aarey police station officials also did not respond.
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