5 months ago
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NEW DELHI: Supreme Court connected Wednesday questioned the validity of the signifier among Muslim men to authorise a lawyer to nonstop notices to his woman for divorcement done 3 talaqs, each notified aft a month’s gap, and said this would not beryllium regarded arsenic a valid annulment of matrimony arsenic the notices bash not carnivore the man’s signature.Appearing for a TV writer petitioner questioning the Muslim men’s unilateral close to divorcement done triple talaq nether Talaq-e-Hasan process, elder advocator Rizwan Ahmed told a seat of CJI-designate Surya Kant and Justices U Bhuyan and N K Singh that her advocator hubby sent talaq notices done a lawyer, finalised divorcement and remarried.“When a talaqnama does not carnivore the husband’s signature, it is not a valid divorcement document.
If, based connected this document, the pistillate remarries, the antheral tin aboriginal impeach her of polyandry by claiming helium has not validly divorced the woman. Moreover, whenever she wants to remarry, the different antheral tin diminution citing the invalidity of the divorcement document,” Ahmed said.When elder advocator M R Shamshad attempted to warrant the advocator husband’s enactment terming it arsenic a customized prevalent among Muslims, Justice Kant-led seat asked, “How tin this beryllium a valid practice? The notices for talaq and talaqnama indispensable person the signature of the husband. How tin a 3rd enactment springiness the pistillate announcement connected behalf of her husband?”“Is this legal? How are specified innovations made to springiness talaq? How is the assemblage promoting specified practices? We volition not licence specified processes to harm the dignity of the Muslim women.
No 1 tin springiness authorisation to a lawyer oregon immoderate different idiosyncratic to springiness talaq announcement to a pistillate connected his behalf. If time the hubby says helium has not authorised the lawyer, what volition hap to the woman? We person seen successful galore cases wherever the clients person disowned lawyers’ action,” the seat said.Deprecating the actions of the advocate-husband, the seat asked him to travel the Sharia instrumentality procedures and springiness a valid divorcement to the woman, Benazeer Heena, who was contiguous successful tribunal and narrated however she had been made to tally from pillar to station aft being virtually abandoned by her hubby aft paying a full alimony of Rs 17,000.
SC asked her to record an exertion seeking due directions for her and child’s payment and education.
“We volition bash the needful,” it assured.Turning to Shamshad, Justice Kant said, “We salute her for gathering courageousness to determination the tribunal challenging the unilateral Talaq-e-Hasan process of divorce. Think of the information of millions of Muslim women, illiterate and surviving successful agrarian areas. What would beryllium their plight? The alleviation cannot beryllium confined to those women who person the wherewithal to determination the SC. We volition determine the validity of Talaq-e-Hasan aft a elaborate hearing.
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