Triple Talaq for Muslims equivalent to mutual consent provision of the Hindu Marriage Act?

 

Customary Triple Talaq is used to get divorce by quick court proceedings
Customary Triple Talaq is used to get divorce by quick court proceedings

 

In a recent case of the Gujarat High Court, a Muslim couple separated by a quick proceeding.

The facts of the case are- Rashida Rassiwala married Mr. Abbas Lativala in 2002 and the couple separated in 2011, consensually, and the husband even remarried after the divorce. Both applied to the family court for the decree of divorce where Justice Gokani rejected the appeal because of which the case went to the High Court.

Justice Pardivala was the hon’ble Judge in this case. Both the parties have agreed that the divorce happened and they have applied for official decree and for other documents. They have also requested for a quick trial as they have mutually agreed and there is no dispute. This method was adopted by the parties as the provision similar to the mutual consent in HMA is absent in that of Muslim Personal Law.

 

Avatar
Mansi Chhaya
I have always believed that life is about challenging oneself and living outside one’s comfort zone. From the very beginning, my focus has been on trying to develop myself holistically. Be it music or national exams, I have tried my hand at everything I could without the fear of failure. A consistent high performer, I have been regularly looked upon as a high perform and have also been recognized as the Student of the Year. As I get a deeper understanding of the Law, I wish to use my knowledge to ensure justice for the people who deserve it and create more awareness among the general public about the importance and relevance of law in day-to-day life.

CONTINUE READING

The case of Aruna Shanbaug that changed the Euthanasia laws...

0
It is my Belief that death is a friend to whom we should be grateful, for it frees us from the manifold ills which are our lot - Mahatma Gandhi. As human beings, out the umpteen desires that we have, one of them is definitely to have a peaceful death....

Justice D Y Chandrachud’s path-breaking Verdict in the Sabarimala Case of...

0
“Will the quest for equality and fraternity be denuded of its content where women continue to be treated as children of a lesser god in exercising their liberties in matters of belief, faith and worship? Will the pursuit of individual dignity be capable of being achieved if we deny...

After repealing section 377, its time to Legalise Same-Sex Marriage in...

0
A draconian, archaic law that criminalized homosexuality was struck down in a historic judgment given by the Supreme Court in 2018. Two years after the judgment, the LGBTQ (lesbian, gay, bisexual, transgender, and queer) community has now sought legal recognition of their relationships. As the social stigmas surrounding the LGBTQ...

Modern Day Book Burning a.k.a Internet Shutdowns

0
The internet has become an indispensable element in our society for all the obvious reasons. For the majority of users, not a single day goes by where we don't 'need' the internet and the lack of a reliable and fast connection can feel paralyzing. An internet shutdown refers to...

Letter to UNHRC – Dr Kafeel Khan, Punished Because He’s Muslim

0
Kafeel Khan, a doctor by profession and a social activist has been targeted by Yogi Government since 2017, in 3 years he had been maliciously arrested 3 times & imprisoned for around 14 months on the false charges set up against him at many instances. Now he is absolved...

Prison Life In India and its Aftermath

0
Everyone prays to never see the bars of prison in their lifetime. Yet, as fickle as life is, it is quite hard to predict the future. It is in everyone’s benefit to know a little bit about prison life; for movies and cinemas do not do justice to the...