Not maintained ‘in law or faith’, Kerala court dismisses talaq plea

Judge Ramesh Bal said the petition is not maintainable either in law or faith.

Written by Shaju Philip | Thiruvananthapuram | Published: May 18, 2017 4:36:30 am

A FAMILY court in Kerala’s Malappuram district recently rejected the petition of a Muslim man who wanted the talaq he had pronounced on his wife declared as valid by the court.

Judge Ramesh Bal said the petition is not maintainable either in law or faith.

The petitioner, Ali Faizy, had “divorced’’ his wife, Jameela, in 2012. He subsequently moved the court to get the talaq declared valid, but the court dismissed the declaration suit on May 12.

The court held that Faizy had never divorced the respondent, Jameela, by pronouncing talaq in accordance with Muslim law. As there is no valid talaq contemplated under Muslim law, the petitioner is not entitled to get the declaration as prayed for, the judge held.

The court said that there was no reasonable ground for talaq — and it was not preceded by the attempt of reconciliation between the couple by two arbiters. The court said no evidence was cited to prove that mediation has taken place. It is the duty of the petitioner (Faizy, in this instance) to show that mediation has taken place, and one member from either family were present for the mediation, the judge said.

The court observed, “Our Constitution has given equal rights to women and men. So the question of (not) obeying the husband or the wife…cannot be treated as a ground for divorce. Another reason for divorce is that the petitioner is found in the company of a stranger. There is only a mere allegation without any evidence. This amounts to cruelty against the wife (respondent).”

Jameela’s counsel, A P Ismail, said Faizy was already paying maintenance to his wife as per an earlier order by another court. By getting talaq declared valid, the counsel contended, he may have planned to escape from paying the maintenance to his wife.

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