Kerala court refuses divorce to man who gave ‘talaq’ to wife through post

Thiruvananthapuram: A Muslim man in Kerala was denied legal validity for divorce by a family court on Wednesday.

The court questioned his petition for ‘talaq’, sent via registered post to his wife, as it did not adhere to due procedure, a report in Hindustan Times said.  

The incident comes amid a raging debate on whether the practice of triple talaq at one go, wherein a Muslim man can divorce his wife by merely uttering the word ‘talaq’ thrice, should remain as a part of Muslim marriage law in India or not.

The Supreme Court is presently hearing a bunch of petitions from Muslim women who have challenged the Islamic practices of nikah halala, polygamy and triple talaq on grounds of gender discrimination and the dignity of women.

Ali Faizi, a resident of Malappuram, had sent ‘talaq’ to his wife in 2012. However, the respondent did not accept the ‘talaq’ sent through post. Observing earlier orders of the Karnataka and Kerala High Courts, the court turned down Faizi’s petition as it failed to cite a cause for talaq.    

According to the Hindustan Times report, “Talaq should be given only after conciliation attempts by husband and wife failed. No such attempts were initiated here so the petitioner is not entitled to get the declaration as prayed for,” judge Ramesh Bhai said dismissing Faizi’s petition.

Article source: Kerala High Court

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