Friday, March 31, 2023

Allahabad High Court disposes of talaq petition of Muslim man, his wife

Counsels for the parties have requested the Court that we may show indulgence and put at end to this litigation.

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Noting the fact that a man and his wife have accepted the talaq, the Allahabad High Court on January 12 observed that now talaq would be termed to be a khula talaq.

The division bench of Justice Dr Kaushal Jayendra Thaker and Justice Gautam Chowdhary passed this order while hearing a petition filed by Mohammmad Gufran @ Gufran. The accused is charged under Sections 498-A, 494, 323, 504, 506 I.P.C., 3/4 Dowry Prohibition Act, 1961 and 3/4 Muslim Women (Protection of Rights on Marriage) Act, 2019, lodged as a case at police station Gursahaiganj, District Kannauj.

At this stage it is stated by both that they want to bury their differences and as this is a petition under Article 226 of Constitution of India and as the parties belong to Muslim religion and as now they have accepted the talaq, which would now be turned as khula talaq as per the Muslim Personal Law (Shariat) Application Act, 1937 and as per the Muslim Women (Protection of Rights on Divorce) Act, 1986.

The husband faces some offences which can be said to be in the realm of non-compoundable offences. The Court refrained from opining as to whether it was a pressure technique or it was a genuine complaint and observed that the parties “have undertaken not to indulge in any litigation against each other in future”.

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Though the State Counsel has his own reservations but as it is a private dispute and it does not affect public domain or public policy of the State, the petitioner states that this may not be treated as precedent in future.

With these observations, the petition stood disposed of.

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