Muslim Divorce Law (One Sided Talaq): Madras High Court has given an important decision regarding Muslim divorce. The High Court said that if the wife is denying the divorce given by the husband, then divorce can be done only through the court. With this comment, the High Court has declared the divorce certificate issued by the Shariat Council of Tamil Nadu as illegal. The court has also ordered the husband who has married for the second time to pay compensation and alimony to the first wife.
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In this important decision, Madras High Court Justice GR Swaminathan also said that if the husband marries a second time, the first wife cannot be forced to live with him. In Muslim Personal Law, men are allowed to marry more than once. Still, this causes mental agony to the first wife. In such a case, under section 3 of the ‘Domestic Violence Act’, it can be seen as cruelty. If the first wife does not agree with the husband’s second marriage, then under section 12, she is entitled to live separately and get maintenance expenses from the husband.
What is the whole matter? Know at a glance
In the case in which the High Court has given this verdict, both the parties were married in 2010. In 2018, the wife filed a complaint under the sections of the ‘Domestic Violence Act’. In response, the husband claimed that he had divorced the woman. Three notices of divorce are necessary in Muslim Personal Law. Only the first and second notices could be presented before the court.
Muslim Divorce Law: “Sharia Council has no right to decide”
The husband presented a certificate from the Chief Qazi of the Sharia Council of Tamil Nadu Muslim Tauheed Jamaat. In this certificate dated 29 November 2017, the Qazi had recognized the divorce. The basis for this was that the husband’s father confirmed the divorce. The High Court said that divorce cannot be recognized on the basis of the father’s testimony in place of the third notice.
Muslim Divorce Law: Husband should give compensation and alimony- HC
The High Court also clarified that the Sharia Council or any such private institution cannot issue a divorce certificate. If there is a dispute regarding divorce, the husband should go to the court constituted under the law.
There only the decision can be made whether the divorce actually took place or not. In such a situation, the High Court refused to accept that divorce has already taken place between the parties. The High Court also upheld the order of the lower court, in which the husband was asked to pay Rs 5 lakh compensation to the wife for his mental cruelty and also pay alimony of Rs 2500 every month.
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