While petitions are being heard over the practice of triple talaq, a Muslim woman on Friday took to the Shariyat to divorce her husband after being mistreated by him and his family over a tussle regarding the exchange of dowry.
In what can be called a first-of-its-kind incident in the community, the victim, who has been married for over six years now, was severely mistreated by her husband and in-laws stating dowry as a cause. Additionally, the birth of her daughter fuelled the fire as she was beaten up and abandoned by her husband.
“My husband had no affection for me or my daughter. He did not care for our living. I used to get beaten up regularly. Unable to bear this, I came back to my parents and have now decided to go by the Shariyat and give him talaq,” the victim told ANI, adding that her husband “did not enquire about her or their daughter after she moved to her maternal home.”
Requesting the court for justice, the victim demanded that provisions be made to provide compensatory expenses for her and her daughter, adding that the valuables handed over as dowry should be seized from her in-laws and returned back.
The victim also asserted that the perpetrating in-laws and her husband should be punished for the mistreatment she faced.
Clarifying the norms of the Shariyat enforced at the time of nikah or wedding, a cleric stated that if a man is not able to fend for his wife and family after marriage, she is permitted to part ways from him after giving him ‘talaq’.
On the legal front, the victim’s lawyer, on behalf of her, lodged a complaint alleging domestic violence in the name of dowry under Section 498 of the Indian Penal Code (IPC), adding that the divorce can be legally sanctioned as ‘delegated divorce’
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