#2.01.2023

[seemabhatnagar]

Unraveling Talaq: A Legal Duel Between Tradition and Reform

Javed Naseem v. The State of Madhya Pradesh and Afreen Shaheed

Before the High Court of Madhya Pradesh at Jabalpur

Criminal Misc. Case 8056/2024

Subject Triple Talaq

Heard by Hon’ble Mr. Justice G S Ahluwalia J

Order The High Court dismissed the petition of the Husband on March 20, 2024. From the manner and conduct of the Petitioner-husband, it was evident that his intention was for irrevocable Talaq i.e. Talaq-e-Biddat and he very cleverly took the shield of Talaq-e-Ahsan by sending a registered post to his wife Afreen that if he comes within three months from the date of pronouncement, he would accept her otherwise Talaq would be Final and Operative and the relationship between them would come to an end.

Background

Respondent Afreen Shaheed married Javed Naseem in April 2017. She received a Talaqnama signed by the petitioner-husband Javed Naseem along with signature of 2 witnesses Mirza Karim Baig & Rahim Mirza on it with date reflecting as 09.10.2022 & 2.01.2023.

As per the averment of the Respondent she was given talaq as she had given birth to a girl child and had not fulfilled the demand of dowry.

Her husband, Rahim Mirza, and her mother-in-law also came to her paternal home and gave triple Talaq to her and also gave a copy of Fatwa dt 19.07.2023 of Mufti Raees who also held the Talaq as correct.

Respondent Afreen lodged an FIR against her husband, mother-in-law, sister-in-law, and Rahim Baig and Mirza Karim Baig.

In retaliation the husband Javed Naseem filed a present criminal petition invoking the inherent power of the High Court to quash the FIR and the consequent proceeding arising out of it.

Submission of the Counsel for the Respondent-Wife

Section 4 of the Muslim (Protection of Rights on Marriage) Act 2019 provides that any pronouncement of Talaq by a Muslim husband upon his wife, by words, either spoken or written or in electronic form or any manner whatsoever shall be void and illegal.

Submission of the Counsel for the Petitioner-Husband

The Counsel for the Petitioner contended that the petitioner had sent the Talaq-e-Ahsan by registered post on 30.1.2023 and Talaq-e Ahsan is a recognized mode of divorce under Muslim Law.

The Talaq-e-Ahsan does not have an instantaneous effect Talaq and it becomes operative only after the passing of three Menstrual cycle of the wife, therefore, it is not covered under the definition of section 2(c) of the 2019 Act.

Even after giving Talaq-e-Ahsan the husband can always withdraw the same prior to coming into force of the said Talaq.

Legal Provisions

‘Talaq’ as defined under section 2©which means talaq-e-biddat or any other similar form of talaq having the effect of irrevocable divorce pronounced by a Muslim husband.

Section 3 provides that “any pronouncement of Talaq by a Muslim husband to his wife, by words, either spoken or written or in electronic form or in any other manner would be void and illegal”.

Observation of the Court

Talaq-e-biddat is instantaneous talaq which becomes operational immediately. Whereas Talaq-e-Ahsan is revocable Talaq and it becomes operational after three menstrual cycles.

The object of the Muslim Act 2019 was to safeguard the interest of the Muslim Women from the Wrath of the Muslim Husband by pronouncing Triple Talaq at their whims.

The Talaq-e-Ahsan was written in such a form as if it was putting pressure on the Respondent Wife to come back home within three months otherwise after the expiry of the three months or the period of iddah aforesaid period Talaq will become final and irrevocable.

The husband has already expressed his irrevocable divorce to the respondent wife and has made it conditional that only if the respondent wife comes back to her matrimonial house then he would take her in kindness.

Merely because the applicant has sent Talaq-e-Ahsan with a condition that would not take his case out of the purview of section 2(c) of the 2019 Act because the applicant has already expressed his intention to grant irrevocable talaq to respondent No.2. Such a Talaq-e-Ahsan sent by the applicant is contrary to the objects of the 2019 Act.

Talaq-e-Ahsan was sent by registered post on 30.1.2023 to be in operation after three menstrual cycles.

But the husband and his mother even before the expiry of the three months came home of the Respondent Wife & gave Talaq-e-Biddat by pronouncing Talaq thrice.

Talaq-e-Ahsan had not become operative as Talaq-e-Biddat was given to the Respondent wife who made an offence against the petitioner.

[kristinemaebsnapshots]

📍Players

2.01.2023 | 📸 @kristinemaeb

[shsenya]

2022 год был для меня годом где я была счастлива, а также узнала каково чувствовать настоящую боль и разочарование. Время, которое проверяло меня на прочность. Често, я не справилась...

Поэтому итогов, как пишут все не будет. Год был трудным, хочу сказать спасибо всем, кто дал мне опыт, спасибо тем кого я обрела и также потеряла, спасибо тем кто был рядом и в моменты, когда я думала, что не справлюсь, поддерживал.

Благодаря именно вам я до сих пор здесь, спасибо.

С праздником!

2.01.2023

[argemamittrei]

2.01.2023

[kateoverbach]

Leipzig, 2.01.2023

[adamputtscas]

Creativity on 2.01.2023

For this week’s creativity, I baked an apple crumble pie. It took me 1.5 h but I really enjoyed the process, especially since I made it for my family.

[flourmelon]

It was very hard to tell when he was acting and when he wasn’t – sometimes with unfortunate consequences.

The Twist of a Knife

—Anthony Horowitz

2.01.2023

🗡️📑🎭🐎😆

[sinkingcomic]

2.01.2023 Happy February! First half of Chapter 1 is up! Seriously, thank you for taking the time to read my comic. I’m glad that I finally got myself to post it online even though it’s still work-in-progress. Sorry, there will be a hiatus until I finish the end of the chapter... I’m aiming for March or October this year. QuQ;;;;;

You can read Sinking on Comic Fury. I’ll be posting a page every two weeks.

❗ WARNING: alcoholism, body gore, mild nudity ❗

sinking.the-comic.org

[genioushardcore]

If Break the law, is the law Is then, a rebellious lawless area lawful? Noticing, it started with the missed moral-laws, in the wide Landcircle Emsland in modern saxony, in Bundes Republik Deutschland/germany, where myself wasn't abled, to figure out, a moral law. Noticing, nowadays, the Moral-Laws, of that area, were found, in Lingen (Ems), and in “Dörpen“ the south, of that massively rebellious lawless area, wasn't really researched, to be truthful, noticing, the most wide away, in family lanes, would be nowadays, 90 degrees, which means, for myself, that my Birth-Landcircle, has no future, for me. Noticing, family lanes, are described in several moral laws, as: “Below 200 degrees, you better give up life in itselfs.“ What marriages belongs to.

What the status of rebellious lawless belongs to, the Landcircle-Top-Adninistration Town, is so rebellious, that you can't aknowledge, any moralic idea in them, which is scary. By the way, the so called buddhistic enlighted people, in that area, are in many cases, Chessboard Terrorists, based upon the idea, that they would be allowed, on the “Breakstage/Electro-Lifestage“, which is not correct, the Electros, have thrown, several of that stage and made them, into chessboard terrorists, a.k.a.: attention slasher cases, by warlaw, a.k.a.:To kill, as soon as possible. Because, on german terrain, the Bundeswehr yells, that they would be responsible, around templar-chess cases, but is not in one point regulary fighting, by noticing, the Services in me installed, is it a great miracle, that the rest, of the world, wasn't declaring war, based upon the whisdom, that chessboard Terrorism, must be cleared in less than 48 hours, or the higher chambers, since the rest by the States, globally, would be in need, to send by 2 states a war-brief in. Since now, the Volksrepublic of China, and Whiterussia, declared that war. But it changed nothing. The Bundeswehr got in me, around me, Funker-Hands, on an Afterburner Status, which means, they run an armageddon-project, but they tell, they would not know a solution, by noticing exploded motors were happening,in one try, to deliver me, in another try, would it have been, even so the chancellor,,under attack, vesides their yelling heads, but it got discovered, as lie, with false announcement of an army serving.

More far, I am in a Clinic, named: KRH Psychiatrie Wunstorf, actual status, but my U.N.-Invoice,dates to a date, on the 2.01.2023, 8:30 on clock, “Landtag Hannover“. I still ask me, if I can appear there, originally, like it's a must.

What other cases belongs to, I am so often under Attack, that I can call me, more at arms, than the serveants serving in Germany, as Bundeswehr. Noticing, they got these phases, short after killing a Banker, not like I got it, day by day. Which means, we have a corrupted lawless state, as minimum in modern saxony. The rest would be clear, normally.

[kragnir]

“The facility, which housed the N unit, consisting mainly of mobilized citizens of the Russian Federation, was almost completely destroyed as a result of the detonation of the ammunition stored in the same building. Almost all the military equipment that stood right next to the building without the slightest sign of disguise was also destroyed.”

So, the cockroach general(s) made three serious mistakes at once; placed a concentration of troops within easy reach of the enemy, placed ammo in the same facility and vehicles close by. Bad for them, good for us. I expect more such fuck-ups, please.