A Muslim woman in Maharashtra's Thane has accused her husband of divorcing her with a short video message on WhatsApp, despite the Supreme Court's ruling last year that banned the controversial Islamic practice that allows men to leave their wives immediately by stating "talaq" (divorce) three times. The top court had called the practice "unconstitutional".
The woman said she will file a petition against her husband in the Bombay High Court for contempt of the top court's ruling on "triple talaq".
Farahnaaz Khan said she was shocked when she clicked on a WhatsApp video sent by her husband, Yawar Khan, in November last year. In the video, he told her he was divorcing her, the woman said in her complaint to the police.
Farahnaaz said she had already filed a case of domestic violence against her husband with the Thane sessions court. On April 21, during a hearing of the domestic violence case, she showed the video to the judge.
She alleged that though her husband assaulted her outside the courtroom for showing the video, a non-cognisable complaint was filed with Nayanagar police station over the assault. She said it was only after the last incident of beating that she decided to take the matter to the media and also file for divorce.
"My husband gave me triple talaq on WhatsApp over demand for dowry in 2017. Muslim women should understand that the triple talaq bill is in their favour. I am going to file a petition against my husband in the Bombay HC for contempt of the SC order on triple talaq," Farahnaaz told news agency ANI.
The "triple talaq" bill has not been cleared by the Rajya Sabha yet.
The top court's verdict vindicates the stand of the government, which had said "triple talaq" violates fundamental rights of women. Several Muslim women who have been divorced because of it, including on Skype and on WhatsApp, had appealed to the top court to end the practice.
Three of the five judges hearing the case said it is unconstitutional; the other two wanted it banned for six months till the government introduces new legislation. The majority opinion held that "triple talaq" "is not integral to religious practice and violates constitutional morality".
With inputs from ANI
The woman said she will file a petition against her husband in the Bombay High Court for contempt of the top court's ruling on "triple talaq".
Farahnaaz said she had already filed a case of domestic violence against her husband with the Thane sessions court. On April 21, during a hearing of the domestic violence case, she showed the video to the judge.
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The "triple talaq" bill has not been cleared by the Rajya Sabha yet.
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Three of the five judges hearing the case said it is unconstitutional; the other two wanted it banned for six months till the government introduces new legislation. The majority opinion held that "triple talaq" "is not integral to religious practice and violates constitutional morality".
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