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Tajobsindia (Senior Partner )     13 August 2012

Triple talaq is a legally valid form of divorce

Triple Talaq is a Legally valid form of Divorce – Madras HC


Take:


A woman named A.S. Parveen Akthar, contended that her husband had pronounced triple talaq on her and re married. She also contended that she was ill-treated in various ways and demands of dowry were made. After the Triple Talaq her husband had re married.


She file a writ petition and sought that that S.  2  of the Muslim Personal Law (Shariat) Application Act, 1937 in so far  as  it  seeks  to recognise  and  validate Talaaq-ul-Biddat or Talaaq-i-Badai form of divorce (be declared) as void and unconstitutional.


The Madras HC says that “..The  prayer made in the writ petition, therefore, cannot be granted.  The writ petition is dismissed…”, basically saying Triple Talaq is a Legally valid form of Divorce


Madras HC judgement in PDF file format



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 5 Replies

Aftab4u (PVT EMPLOYEE)     13 August 2012

Sir, Cant able to download pls reload again .....

Tajobsindia (Senior Partner )     14 August 2012

Madras HC judgement in PDF file format (annexing correct file)


Attached File : 206066923 m hc says triple talaq is valid.pdf downloaded: 237 times
3 Like

Roshni B.. (For justice and dignity)     16 August 2012

Originally posted by : Zeeshan

Sorry but I cannot understand what is special in this news ? .

actually tajobs keeps on writing different craps to increase his score and the no. of thanks.unka pahla i-pod toot gaya.now he wants another one.i am giving him a thanks from my side here to enable him 2 win.you too give him zeeshan.

Ranee....... (NA)     16 August 2012

Originally posted by : Roshni B..




Originally posted by : Zeeshan






Sorry but I cannot understand what is special in this news ? .






actually tajobs keeps on writing different craps to increase his score and the no. of thanks.unka pahla i-pod toot gaya.now he wants another one.i am giving him a thanks from my side here to enable him 2 win.you too give him zeeshan.

Really?

Rocker (n/a)     17 August 2012

I humbly disagree with opinion of Madras HC. It is incorrect to say that Personal Laws fall outside the ambit of Article 13 of the Constitution. Muslim Personal Law (Shariat) Application Act, 1937 is a law enacted by competent legislature falling under the definition of law in Article 13(3) of the Constitution read with Article 367(1) and Article 372(1). Gross and greatest injustice with the women. Triple talaq clearly violative of Articles 13, 14, 15 and 21 of the Constitution. Constitution guarantees equality to all before law. Use your commonsense, where is the equality before law when only man can say triple talaq and woman has no right to say triple talaq or challenge the triple talaq? Practical solution for any sensible women in such circumstances is to be firm and go for marriage under Special Marriage Act.
1 Like

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