New Delhi : Suggesting a rethink on the triple talaq way of terminating Muslim marriages, the Delhi High Court has ruled that a couple’s divorce is invalid if the husband pronounces talaq in anger or fails to communicate it to his wife, leaving no scope for reconciliation.
“It (triple talaq) is an innovation which may have served a purpose at a particular point of time in history but, if it is rooted out such a move would not be contrary to any basic tenets of Islam or the Quran or any ruling of the Prophet Muhammad,” said Justice B D Ahmed.
Justifying his suggestion on rooting out triple talaq system, Justice Ahmed said the “harsh abruptness” of triple talaq has brought about extreme misery to women and even the men who are left with no chance to undo the wrong or any scope to bring about a reconciliation.
The court’s observations on triple talaq were made while disagreeing with a woman’s plea that her husband’s physical relationship with her after pronouncing triple talaq, in her absence, amounted to rape.
Quashing rape charge against, Masroor Ahmed, the court said, “First of all, it (talaq) was given in extreme anger, secondly it was never communicated to the complainant (wife). Therefore the rape is not made out,” the Court said.
Masroor’s wife, Aisha, alleged that her husband had physical relation with her without disclosing the fact that he had pronounced talaq, when she was away to her parental home.
The court held that since the couples divorce was invalid, the husband’s physical relationship with his legally wedded wife, subsequent to his pronouncement of a talaq, would not amount to rape.