IN A first, the Maharashtra State Human Rights Commission has intervened in a triple talaq case, taking suo motu cognizance after the police allegedly refused to register an FIR despite the enactment of the Muslim Women (Protection of Rights on Marriage) Act, 2019.
The commission, through a notice to the Mumbai Police commissioner on January 1, has asked for an inquiry into the matter. It has questioned the police why an FIR was not lodged despited repeated visits by a 34-year-old woman to the BKC police station since August 2019. The commission will hear the matter on January 18.
Niloufer Syed was allegedly given triple talaq by her husband Moiuddin Syed (36), on April 11, 2019. She had married Moiuddin in 2006 and the two have five children. She currently works as a caterer.
Speaking to The Indian Express, Niloufer, who now stays with her parents, said: “He said ‘talaq talaq talaq’ and left… Later, he married another woman.”
She claimed that she does not receive any maintenance from Moiuddin. “I have visited several maulanas (spiritual leaders) and women support groups… In August 2019, after the Muslim women Act was enacted, I approached BKC police to get an FIR registered but the officers there refused to do so. Since then, I have visited the police station at least five times, but no FIR has been registered.”
Zubeida Khatoon, from NGO Bharatiya Mahila Muslim Andolan, said she visited the police station with a written complaint on several occasions with Niloufer. “They would ask us to come later. Amid all this, officers at the station were transferred and we had to repeat the whole process,” she added.
When contacted, Manoj Sharma, Additional Commis-sioner of Police (West Region), claimed Niloufer had submitted a letter asking the police not to register an FIR. “This is the information I have received from BKC police station,” he said.
Niloufer, however, denied the claim. “I have submitted only one letter to the police, seeking to register an FIR against my husband,” she said.
Counselor Nirmala Kahar, who is handling Niloufer’s case at Bharatiya Mahila Muslim Andolan (BMMA), said: “She was subjected to abuse, humiliation and even violence for years.”
Meanwhile, soon after the commission issued a notice to the police, Moiuddin visited the BMMA office on Tuesday and assured that he would to pay a maintenance of Rs 5,000 per month for Niloufer and their children. The practice of triple talaq was held unconstitutional by Supreme Court in 2017.
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