A family court has refused to dissolve the marriage of a couple, citing that talaq notices were issued without a reconciliation attempt.
Dismissing the husband’s suit seeking divorce through Talaq-e-Hasan, the court in Mehsana district, Gujarat, said reconciliation is a pre-condition.
Talaq notices sent before approaching court
Earlier, the man sent three talaq notices in 2021 at intervals of six weeks. Later, he approached the court for a decree.
However, the court said that a husband “cannot repudiate the marriage at his sweet will”.
The court said that any dispute must be referred to arbiters from both families. It is a precondition for divorce in both Talaq-e-Ahsan or Talaq-e-Hasan, the court added.
Extramarital relationship alleged
Further, the man alleged that his wife had an extramarital relationship.
In order to support his claim, he submitted call detail records, audio CDs and the testimony of the alleged boyfriend.
However, the court stated that the allegation remains unproven.
After dismissing the man’s suite for talaq, court scheduled the next hearing of the case on March 13.
Popular forms of talaq in Islam
Talaq-e-Ahsan, Talaq-e-Hasan and Talaq-e-Biddat are the three popular forms of talaq in Islam. However, Talaq-e-Biddat (instant triple talaq) is banned in India.
In Talaq-e-Ahsan, a single pronouncement of “talaq” is made by the husband during a period of tuhr (purity, no menstruation). It is followed by a 90-day (or three-cycle) iddat waiting period.
However, the couple can reconcile during the 90-day period.
On the other hand, in Talaq-e-Hasan, the husband can divorce his wife by pronouncing “talaq” once a month for three consecutive months. It also allows the couple to reconcile in 90 days.
