Friday, 1 July 2022

Triple Talaq

 Triple Talaq

On 17 th February 2022, a case was registered regarding the triple talaq.  Triple talaq has been in talk over the last few years. triple talaq is a method of divorce adopted in a Muslim marriage. In this type of divorce, the husband has the authority to give the divorce just by saying talaq three times. Though there is no section that talks about triple talaq but a bill was passed by the Lok Sabha which prohibited triple talaq.

Triple talaq is considered against humanity and women law, this was first discussed in a very important case, in   Mohd. Ahmed Khan v. Shah Bano Begum. Mohd Khan was a lawyer by profession he married Shah Bano in 1932. in 1975, her husband tossed her out of life as well as the martial house. After this, she appealed in front of a judicial magistrate where she was awarded ₹200 per month by the magistrate. In 1978 , he  gave  irrevocable  triple talaq  . In 1978, the magistrate ordered him to pay ₹25 per month, she pleaded in the high court to increase the amount. This was challenged by the husband in the supreme court.

Maintenance of ₹25  in those times, shows that the maintenance given to the wife is so low for a family of 3. This somewhere showcase, a weakness on the part of our legal system.

The issues raised in this were,

  1. Criminal procedure code, section 125, whether the WIFEdefinition includes a divorced Muslim women

  2. Section 125 of CRPc, whether it overrides personal law

  3. Whether a Muslim husband’s obligation to provide maintenance for a divorced wife is in or not in the conflict between section 125 and Muslim personal law

  4. Section 127(3) CRPc, what is the sum payable on divorce, the meaning of Mehar or dower is summed payable on divorce

The verdict was given by the CJ YC Chandrachud, and the appeal of Mohd Khan was dismissed.

Section 125 of IPC, doesn't discriminate based on religion, therefore held that the husband must provide maintenance to the wife and told that this will override the Muslim Personal Law.

Supreme court also stated that in the Muslim religion the husband's duty is restricted to only the Iddat period in the case of the divorce. But court viewed that even after the Iddat period, the wife is entitled to maintenance if she is unable to maintain herself. Court did specify that this rule According to the Muslim law was against humanity or was wrong as the wife was unable to maintain herself.

Court further explained that Mehar isn't sufficient to exempt the husband from the duty to pay maintenance and the supreme court finally concluded, that if the wife is competent to maintain herself then maintenance isn't required but if she is unable to provide for herself then she will be entitled to triple talaq.

This was a landmark case, this was a turning point in the lives of Muslim Women. This is a relief for Muslim women and will help to develop women.

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