Malappuram: Court nullifies improper talaq

Malappuram: A  family court here on Wednesday declared a talaq void citing that the due process as per Quran and Islamic law was  not followed by the petitioner who sought legal validity for his divorce.

This comes even as the Supreme Court has been hearing a petition on the admissibility of the triple talaq (divorce as per Islamic law). Family court judge Ramesh Bhai held that the petitioner had failed to produce evidence of the due procedures of the talaq in question as per religious law and valid reason for the divorce. The respondent had not accepted the talaq letter which was sent by registered post in 2012.

According to the respondent, the petitioner has not cited any specific reason for the divorce.

Citing earlier orders of the Kerala and Karnataka High Courts, the judge held that according to Quran,  the talaq must be for a reasonable cause and preceded by reconciliation attempts as per  Islamic law. “The talaq of the petitioner was not preceded by any attempt of reconciliation between the husband and wife by two arbiters, one from the wife’s family and another from the husband’s side. There is no evidence to show that the attempts were made. Therefore,  the petitioner is not able to prove that there is valid talaq.

“As there is no valid talaq as per  Muslim law,   the petitioner is not entitled to get the declaration as prayed for. On the basis this finding,  the petition is to be dismissed,” said  the order.