Kerala Court Rejects Petition to Legalise Talaq Sent by Post
A court in Kerala's Malappuram has rejected a petition to legalise the talaq declaration sent by registered post.
New Delhi: A court in Kerala's Malappuram has rejected a petition to legalise the talaq declaration sent by registered post.
The court observing that due process as per the Islamic law was not followed while rejecting the petition.
Dismissing the petition by Ali Faizi from the district on Wednesday, family court Judge Ramesh Bhai noted that the petitioner had failed to produce evidence of the due procedures followed for the talaq in question as per the religious law, PTI reported.
The petitioner sought to validate the talaq declaration to legally divorce his wife.
However, the wife argued that the talaq cannot be considered legally valid as the petitioner did not follow the procedures as specified in the Muslim law.
ALSO READ | You Want All Three Wickets Down In One Ball: SC To Govt On Triple Talaq
The talaq letter was sent by Faizi in 2012 by registered post and his wife had not accepted it, saying he had not cited any reason for the divorce.
A five-judge Supreme Court bench, comprising judges from different religious communities, Sikh, Christian, Parsi, Hindu and Muslim, is hearing a batch of pleas challenging the constitutional validity of 'triple talaq,' 'nikah halala' and polygamy practices among Muslims.
The court has fixed a six-day schedule for hearing, in which three days are available for those challenging triple talaq and three days for those defending it.
The Centre had on October 7 last opposed in the apex court the practice of triple talaq, nikah halala and polygamy among Muslims and favoured a relook on grounds like gender equality and secularism.
(With PTI inputs)
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