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Rajasthan: HC stays 2nd Nikah of Muslim man hours before ceremony

Jaipur: The Jodhpur bench of Rajasthan High Court stayed the second Nikah of a Muslim man, Wasim Khan. The marriage was stayed just before a few hours of the ceremony on July 7. Khan, who is a resident of Shergarh area in Jodhpur city works as a helper in a private company.

According to a report of TOI, Khan’s first wife had filed a petition with the court. Judge Vijay Vishnoi had directed the police at 11.45am to produce Khan in the court before 2 pm.

The Police went to Khan’s place but could not find him. However, Khan’s father brought him to the court, as he was informed by the police about the directions of the court to produce Khan before the deadline.

Khan’s first wife had said the triple talaq was given to her by Wasim Khan and he did not follow all steps enshrined in the Sharia.
Advocate Ranjana Sharma who appeared for the petitioner argued that talaq nama (deed), which was sent through registered post on June 30, 2015, had two witnesses. One of them was a non-Muslim which is a violation of the Sharia law.

“The wife is not aware of the talaq as she is illiterate and never received the deed in person. Also, the husband never paid the promised meher which is a necessary process for divorce,” argued Sharma.

Taking exception to the court order, the All India Muslim Personal Law Board (AIMPLB) said even if the divorce was not in sync with the Sharia, the court had no business to stay the second marriage.
The board said the Sharia allows a Muslim man to have more than one wife. The AIMPLB is likely to move a writ petition to a double bench.