Unilateral Talaq: The Madras High Court has issued an important decision on Muslim divorce. The High Court has held that if a wife refuses to grant divorce to her husband, then divorce can be obtained only through the courts. With the above observation, the High Court declared the divorce certificate issued by the Tamil Nadu Sharia Board illegal. The court also ordered the husband, who married for the second time, to pay compensation and alimony to his first wife.
Supreme Court judge G.R. Swaminathan also held in this important decision that if a husband marries a second wife, the first wife cannot be forced to live with him. In Muslim personal law, men can have more than one marriage. Despite this, it causes mental pain to the first wife. Therefore, under Art. 3 of the “Domestic Violence Act”, this can be perceived as cruelty. If the first wife does not give consent to the second marriage of her husband, under Art. 12 has the right to live independently and receive maintenance from her husband.
What is it about? Find out at a glance
In the case in which the High Court issued this judgment, both parties were married in 2010. In 2018, the wife filed a complaint under the sections of the “Domestic Violence Act”. In response, the husband claimed that he had divorced the wife. In Muslim personal law, 3 divorce notices are required. Only the first and second notices could be submitted to the court.
“The Shariah Council has no right to decide.”
The husband submitted a certificate from the chief Qazi of the Muslim Shariah Council Tauheed Jamaat in Tamil Nadu. In this certificate issued on November 29, 2017, the Qazis acknowledged the divorce. The basis for this was the confirmation by the husband’s father that the divorce had taken place. The High Court held that the divorce could not be recognised in lieu of a third notice based on the father’s testimony.
Husband to pay compensation and maintenance – HC
The High Court also clarified that neither the Shariah Council nor any such private institution can issue a divorce certificate. In case of a divorce litigation, the husband must approach a legally constituted court. Only then can it be decided whether the divorce actually took place or not. In such a situation, the High Court did not agree with the fact that there was a divorce between the parties. The High Court also upheld the lower court’s order directing the husband to pay compensation of Rs 5 lakh to his wife for mental abuse and also pay maintenance of Rs 2,500 every month.
