Triple talaq case: Kerala court rejects petition to legalise instant divorce sent to wife by post 

The petitioner sought to validate the triple talaq declaration to legally divorce his wife.

PTI May 18, 2017 13:31:55 IST
Triple talaq case: Kerala court rejects petition to legalise instant divorce sent to wife by post 

Malappuram: A Malappuram court has rejected a man's petition to legalise the talaq declaration to his wife sent by registered post, observing that due process as per the Islamic law was not followed.

Dismissing the petition by Ali Faizi on Wednesday, family court Judge Ramesh Bhai noted that the petitioner had failed to produce evidence of the due procedures followed for the talaq in question as per the religious law. Citing earlier orders of the Kerala and Karnataka High courts, the judge held that according to the Holy Quran, the talaq must be for a reasonable cause and preceded by reconciliation attempts as per the Islamic law.

The petitioner sought to validate the talaq declaration to legally divorce his wife. However, the wife argued that the talaq cannot be considered legally valid as the petitioner did not follow the procedures as specified in the Muslim law.

Triple talaq case Kerala court rejects petition to legalise instant divorce sent to wife by post 

Representational image. Reuters

The talaq letter was sent by Faizi in 2012 by registered post and his wife had not accepted it, saying he had not cited any reason for the divorce. The rejection of the talaq declaration plea by the court comes against the backdrop of the Supreme Court proceedings on triple talaq.

A five-judge Supreme Court bench, comprising judges from different religious communities, Sikh, Christian, Parsi, Hindu and Muslim, is hearing a batch of pleas challenging the constitutional validity of 'triple talaq,' 'nikah halala' and polygamy practices among Muslims.

The court has fixed a six-day schedule for hearing, in which three days are available for those challenging triple talaq and three days for those defending it. The Centre on 7 October had last opposed in the apex court the practice of triple talaq, nikah halala and polygamy among Muslims and favoured a relook on grounds like gender equality and secularism.

Updated Date:

also read

Kerala minister KT Jaleel claims 'unjustified media harassment', resigns from Pinarayi Vijayan cabinet
India

Kerala minister KT Jaleel claims 'unjustified media harassment', resigns from Pinarayi Vijayan cabinet

Jaleel, who recently moved the Kerala High Court against a state Lokayukta report which found him guilty of favouritism, nepotism and abusing his position, said he was resigning from the post on moral grounds

Indian goalkeeper Aditi Chauhan signs for Icelandic club Hamar Hveragerdi
Sports

Indian goalkeeper Aditi Chauhan signs for Icelandic club Hamar Hveragerdi

Hamar Hveragerdi compete in the third division of the women’s football league in Iceland.

Kerala minister KT Jaleel quits Pinarayi Vijayan cabinet after Lokayukta report finds him guilty on charges of nepotism
Politics

Kerala minister KT Jaleel quits Pinarayi Vijayan cabinet after Lokayukta report finds him guilty on charges of nepotism

The Lokayukta found that the minister changed the qualifications for general manager's post in Kerala State Minorities Development Finance Corporation to enable his second cousin's appointment