Madras High Court stays lower court order on ‘triple talaq’

Madras High Court

Madurai: The High Court of Madras, yesterday on Friday, eighteenth of March gives an interim stay against an order passed by an Additional District Court in Periyakulam. The lower court had maintained the triple talaq by spouse Mydeen Batcha a railroad worker who had send talaq by means of Telegram to his wife Nazeema in the year 2009.

Nazeema, the petitioner filed a writ appeal in Madras High Court expressing that her spouse and in-laws tormented her asking more dowry, even though her family had given 40 thousand rupees and thirty sovereign gold in the time of marriage. Besides, she had filed a protestation under Dowry Prohibition Act against her spouse and family for criminally intimidating and wrongfully detaining her.

In any case, during the advising process her spouse persuaded her and offered her a peaceful life and on believing his words she pulled back the grievance. In any case, later he divorced her by sending talaq by means of telegram in 2009. Later she moved the sub-court and the court administered the talaq as invalid and void, however in 2015, the Peryakulam Additional District Court permitted Mydeen’s appeal and maintained the talaq.

Additionally, the counsel for Nazeema contented in the honorable court that sending talaq by means of telegram was against the Muslim Marriage Act. Along these lines Justice R Mahadevan , while listening to the petition allowed stay against triple talaq by means of telegram and had given three weeks’ an ideal opportunity to spouse Mydeen to file his counter.

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