A court here has rejected a talaq declaration petition filed by a man and pronounced that the talaq he delivered in 2012 is illegal and against Islamic Shariat.
The judgment by Family Court Judge Ramesh Bhai here on Wednesday evoked much interest against the backdrop of the ongoing Supreme Court legal proceedings on triple talaq. The judge rejected the appeal filed by Ali Faizi, 45, seeking legalisation of the talaq declaration he made five years ago. Mr. Faizi claimed that he had divorced his wife, Jameela Pandarakandi, 36, by pronouncing talaq and sent a letter of talaq to the mahal committee on September 24, 2012.
His wife, Jameela, denied this claim, saying that Mr. Faizi had fabricated many stories, including the talaq story. They have a son in the marriage held in 1994. The court rejected the reasons put forth by Mr. Faizi for getting the talaq legalised, saying that they were not sound enough for a divorce stipulated by Islamic Shariat. The court also noted that no conciliation attempt had been made before pronouncing the talaq.
The court quoted a High Court verdict (Ummer Farook vs. Naseema 2005 (4) KLT 565) saying that for a talaq to be valid, it should be for a reasonable cause and be preceded by attempts of reconciliation between the husband and wife by two arbitrators. Quoting from another case, the court said that attempts of reconciliation should be made before and after the divorce.
The court observed that no such reconciliation was done in the case of Mr. Faizi and Ms. Jameela.
