Woman seeks formalisation of 'consensual' triple talaaq

Gujarat High Court has asked afamily court to decide expeditiously the application ofa Muslim woman who wanted a formal divorce deed saying thather husband had given her ‘triple talaaq’.

While the couple opted for triple talaaq consensually,the lower court denied a deed of divorce to the applicantRashidaben Rassiwala under the Civil Procedure Code, sayingthis kind of talaaq was not legally valid.

Justice Sonia Gokani quashed family court’s order anddirected it to decide the application afresh in eight weeks.

Rashidaben married Abbas Latiwala in 2002. From 2010 theybegan to live separately, with Abbas marrying another woman.

In 2015, Rashidaben filed a suit for a deed of divorce toformalise the ‘triple talaq’ given by her husband. Abbasendorsed her claim that they were divorced by mutual consent,using the triple talaaq procedure under the Sharia law.

The family court, however, rejected the applicationsaying the ‘triple talaaq’ had no legal validity, and she hadnot furnished a clear proof of divorce.

Rashidaben then moved the High Court, which in its orderon January 25 set aside the family court’s order.

“The petitioner lady is educated and is working as ateacher. The husband has already remarried after theyseparated. There is no dispute with regard to the fact thatword ‘talaq’ has been thrice uttered,” the HC said, alsonoting that it had spoken to the couple to ascertain theirwishes.

“They both needed this decree for the purpose ofpreparation of official documents. In absence of any provisionlike section 13-B of Hindu Marriage Act when decree by mutualconsent is permissible...they adopted this (course ofaction),” the HC observed.