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Madras HC stays lower court order on ‘triple talaq’

Madurai: The High Court of Madras, yesterday on Friday, 18th of March gives an interim stay against an order passed by an Additional District Court in Periyakulam. The lower court had upheld the triple talaq by husband Mydeen Batcha a railway employee who had send talaq via Telegram to his wife Nazeema in the year 2009.

Nazeema, the petitioner approached the HC and filed a writ appeal stating that her husband and in-laws tortured her asking for more dowry even though at the time of marriage, her family had given 40 thousand rupees and thirty sovereign gold. Furthermore, she had filed a complaint under Dowry Prohibition Act against her husband and family for criminally intimidating and illegally detaining her.

However, during the counseling process her husband convinced her and offered her a peaceful life and on trusting his words she withdrew the complaint. But later he divorced her by sending talaq via telegram in 2009. Later she moved the sub-court and the court ruled the talaq as null and void, but in 2015, the Peryakulam Additional District Court allowed Mydeen’s appeal and upheld the talaq.

Moreover, the counsel for Nazeema contented before the honorable court that sending talaq via telegram was against the Muslim Marriage Act. Thus Justice R Mahadevan , while hearing the petition granted stay against triple talaq via telegram and  had given three weeks’ time to husband Mydeen to file his counter.

Adv. Mikky Sudhakaran

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