Advertisement
Wednesday, Dec 01, 2021
Outlook.com
law

Talaq To Unreason

Muslim men will now have to prove their divorce in a court of law

Talaq To Unreason
illustration by Jayachandran
Talaq To Unreason
outlookindia.com
-0001-11-30T00:00:00+05:53

Not any more. In a landmark judgment last week, the Bombay High Court ruled that divorces between Muslim couples will now have to be "convincingly proved in a court of law under the civil procedure court and the Indian Evidence Act." A mere statement, written or oral, by a man divorcing his wife won't be enough proof of his having obtained a divorce. Delivered by a full bench of the Bombay High Court (comprising three judges), the ruling is now binding for Maharashtra, and is expected to be of persuasive value in other states too.

The 88-page judgement came after hearing in a case filed by Latur resident Dagdhu Pathan, 40, challenging maintenance claims by his wife Rahimbi, 31. It categorically states that for divorces to be deemed legal, husbands must prove in court that all requirements for divorce under Muslim law were fulfilled before pronouncing talaq. This implies proving efforts had been made towards pre-talaq negotiations like reconciliation, arbitration and payment of mehr (dower). "Unless the factum of talaq is proved in a court of law," the ruling says, divorce registrations made under the Wakf Act and certificates issued thereafter will carry no "sanctity" in the eyes of the law.

Advertisement

Outlook Newsletters

Advertisement
Advertisement
Advertisement

Read More from Outlook

UN Seeks Release Of Kashmiri Activist Khurram Parvez, Amendment In UAPA

UN Seeks Release Of Kashmiri Activist Khurram Parvez, Amendment In UAPA

The UN has sought probe into civilian killings in Jammu and Kashmir’s Hyderpora and called on the security forces and armed groups to exercise restraint.

Omicron Cases Spike: 21 Countries That Recorded New Covid-19 Variant

Omicron Cases Spike: 21 Countries That Recorded New Covid-19 Variant

South Africa, the first nation where the virus variant was detected, has reported 77 cases of Omicron so far, prompting travel bans across the world.

Man United, IPL Big Boys, Sydney Sixers Enter UAE T20 League

Man United, IPL Big Boys, Sydney Sixers Enter UAE T20 League

Lancer Capital has made its first-ever historic foray into cricket by acquiring a franchise in the UAE T20 league. The ECB has already roped in IPL teams like MI, DC and KRR.

Five Powerful Indian-Americans Rocking Silicon Valley, Parag Agrawal Latest Addition

Five Powerful Indian-Americans Rocking Silicon Valley, Parag Agrawal Latest Addition

As Parag Agrawal becomes the CEO of Twitter, the Indian diaspora's representation in the tech giants of America, especially the companies in Silicon Valley gets a new badge.

Advertisement