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