The man verbally divorced his wife by saying talaq thrice in Ujjain court premises.
A family court has nullified the Triple
Talaq given by a man to his wife saying that due procedure, as prescribed in Muslim religious texts, was not followed. Additional principal judge Omprakash Sharma on March 9 observed that the procedure adopted by Tousif Sheikh to divorce his wife was "illegal" and "ineffective" and nullified the same.
Arshi Khan got married to Mr Sheikh from Dewas, about 143 km southwest from the state capital, Bhopal, on January 19, 2013 and after some time he started demanding money from her. When his demands were not fulfilled, he started troubling her, the Ms Khan's lawyer Arvind Gaud said.
After returning to her parents' home, she filed a case against Mr Sheikh for dowry harassment. But on October 9, 2014, he verbally divorced Ms Khan by saying
talaq in Ujjain court premises. Later, he sent her a notice in this regard.
Ms Khan challenged the divorce saying due procedure was not followed in the matter. The court in its order found discrepancies in the case and said that Mr Sheikh had failed to mention in his reply through which method
Talaq Ahsan or
Talaq Hasan had he divorced his wife.
The judge said that he failed to give credible evidence of the presence of Ms Khan in the court premises as mentioned by him when he had pronounced
talaq thrice, as the presence of the woman in question is mandatory as per the law. The court also observed that no steps were taken by the parties concerned for mediation.