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Jithendra.H.J (Lawyer)     16 March 2009

talauq by sms

With the digital versions of ‘talaq’ or Islamic version of divorce catching pace in the country, it is known to every body now that the former Haryana deputy CM Chand Mohammed using digital means to divorce his estranged second wife Fiza via SMS 

Akhtarul Wasey(head of department of Islamic studies at Jamia Millia Islamia) said, "There is no concept of instant divorce in Islam and giving it through digital means has no validity. 

Wasey(leading Islamic seminary Darul Uloom)  said that the divorce by Mohammed is “legal” under Muslim law and that Fiza and Mohammed are no longer husband and wife.



Learning

 13 Replies

Vinodkumar Kotabagi (Advocate and Trademark Attorney)     17 March 2009

 It is very strange law indeed. After the develop[ments of Shah Bano case the Muslim Women (Protection of Rights on Divorce) Act, 1986 was enacted to negate the decision of the Supreme Court in Shah Bano case. But, I still feel that there is need for unifrom civil code in the country, which seems to be impossible. If that is not possible, then at least we can introduce laws clarifying certain things.

M. PIRAVI PERUMAL (Advocate & Consumer Rights)     17 March 2009

Thank you for the informative article.

K.C.Suresh (Advocate)     17 March 2009

Thank you Jhitendra. But the Talaq has a reason which was social and noble but not to the present inian culture. Any form of divorce with out due provcess of law unless mutual must be declared illegal in this country whether the marriage is customory or otherwise bcuase all indians are indians not community based human souls.

PALNITKAR V.V. (Lawyer)     17 March 2009

Talaq by SMS or any other means of electronic communication is the subject of debate.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     17 March 2009

Mr. Palnitkar is absolutely right.

ritu bhadana (advocate)     17 March 2009

i agree with mr. k.c. suresh and palnitkar ji..........and thanx for providing this info

Ruchi (HR Manager)     17 March 2009

Suppose if a friend of ABC will send the message from ABC  cellphone to his wife writing Talaq, and after that ABC wife is not accepting the fact and said its all over.....wot to do in this case.....


it will be consider Talaq or not???

Jithendra.H.J (Lawyer)     01 April 2009

The 37-year-old former Assistant Advocate General of Haryana formerly known as Anuradha Bali lodged a criminal complaint before Punjab DGP accusing the 43-year-old Kalka Congress MLA of rape, cheating, hurting religious sentiments, defamation and criminal intimidation.Fiza, the estranged wife of former Haryana Deputy Chief Minister Chander Mohan alias Chand Mohammad has moved a fresh complaint against him.


The 37-year-old former Assistant Advocate General of Haryana formerly known as Anuradha Bali lodged a criminal complaint before Punjab Director General of Police (DGP) accusing the 43-year-old Kalka Congress MLA of rape, cheating, hurting religious sentiments, defamation and criminal intimidation.

Addressing a press conference outside her residence in Sector 48-C here the same day, Fiza said she will move Punjab and Haryana High Court, if even the DGP failed to give her justice.

Earlier, Fiza's similar complaint against Chand was turned down by Mohali Senior Superintendent of Police (SSP) following Chand's fax statement from London, wherein he had refuted the charges while claiming Fiza as his wife and himself still a Muslim.
 


 


Few days after getting a clean chit from Mohali police, Chand had divorced Fiza by uttering "talaaq" thrice over phone from UK and sending a text message with "talaaq" written thrice through SMS on his second wife's mobile phone.

"Chand, who had escaped action while accepting me as his wife, now requires to be acted against on criminal charges, which stand corroborated by his formal announcement to desert me," said the former law officer.

 

Jithendra.H.J (Lawyer)     01 April 2009

the above news appeared in deccan herald on 1st april 2009

Swami Sadashiva Brahmendra Sar (Nil)     02 April 2009

agree with rakhi

Jithendra.H.J (Lawyer)     22 June 2009

 

With former Haryana deputy chief minister Chand Mohammad once again courting his estranged wife Fiza, Islamic clerics are unlikely to come in the way of their reunion. Leading Islamic seminary Darul Uloom Deoband on Monday said Chandra Mohan alias Chand Mohammad, who on Sunday returned to Fiza and apologised for "past mistakes", can live with her if the word 'Talaq' has not been uttered thrice. "In case Chand has not uttered word 'Talaq' thrice, he can still live with Fiza as her husband," said Mufti Ahsan Kasmi, Deputy inchrge of seminary's Fatwa Department.
 

The cleric said as per the Islamic laws, a divorce can only be completed when the husband says it three times. 45-year-old Chand, who had declared publicly that he had divorced Fiza, formerly Anuradha Bali, a lawyer and former Haryana Additional Advocate General, on Sunday said he had pronounced 'Talaq' only twice and not thrice.


 

He said Fiza, 38, was still his wife and he "loves her more than before" and had apologised for his "mistake". Another cleric of the seminary, Maulana Abdul Latif cautioned Chand and Fiza to be careful before taking any decision saying they should not flout religious laws. Fiza has said she is yet to decide on Chand's proposal. (news appeared in lawyers club)

Swami Sadashiva Brahmendra Sar (Nil)     22 June 2009

This type of icidents re-afirm that a mighty person can flout the Law, Religious rules and  Social pressur !!!!!! All these come in the way of poor people only !!!!!!

1 Like

Jithendra.H.J (Lawyer)     29 September 2009

 

   Fiza to move court against Chander Mohan

Anuradha Bali aka Fiza, who converted to Islam to marry former Haryana deputy chief minister Chander Mohan, on Friday said she would move court against her estranged husband for violating marriage laws.

"After our nikah (Muslim marriage) last year, Chander Mohan also married me according to Hindu rituals as he wanted to see himself dressed up like a Hindu groom. This is an offence as per Hindu Marriage Act, which says that nobody can marry second time and it amounts to rape," said Fiza, while addressing reporters at her residence in Mohali, on Friday.

"Being a lawyer, I was aware about this law but I abided by his directions as I wanted to behave like a decent wife. However, he ditched me and spoiled my life. I am not going to spare him and I will move court to teach him a lesson," she said, showing their photographs that were clicked while solemnising Hindu marriage.

Chander Mohan, who was holding the high-profile post of state deputy chief minister, had suddenly disappeared October last year and re-emerged early December with a new name Chand Mohammad, a new religion and a new wife.

He was dropped from the Bhupinder Singh Hooda government for remaining absent from work for over 40 days.

"He has already paid a price for betraying me by losing Congress ticket, now his whole family will be ruined very soon. His father Bhajan Lal and brother Kuldeep Bishnoi are also big crooks," said Fiza.

"I will not let his family members win in the forthcoming elections. Wherever possible I will go and conduct press conferences against them in Haryana. I am also going to constitute a team of young intellectuals, who will work for the betterment of victims like me all over the world."

Chander Mohan, who reverted to Hinduism and divorced Fiza last month, had sought Congress ticket but was denied one.

He is the four-time legislator from Kalka. Elections to the state assembly will take place October 13.

 

 


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