NRI uses WhatsApp to divorce wife of 4 weeks

[Soumitra]

NRI uses WhatsApp to divorce wife of 4 weeks

ALAPPUZHA: Ten days after her marriage, the 21-year-old BDS student's groom left for Dubai.After remaining incommunicado for over three weeks, he sent her a message — triple talaq — over WhatsApp.

The unexpected talaq shattered the woman and her family. Both she and her sister, a Plus Two student, have now dropped out of their classes.

Overcoming the initial shock, the young woman on Monday lodged a complaint at the state women's commission's adalat in Pala, Kottayam.

The commission has ordered the department of non-resident Keralites' affairs to find her husband, a 27-year-old from Vaikom in Kottayam district.


"He has conveyed that he does not wish to live with her," commission member J Prameela Devi said. "He said she was like an apple and he had already tasted it. So he did not want her anymore."

The girl returned home from her in-laws' residence after they showed scant interest in the development.

"The girl's father had died around four years ago. Her mother conducted the marriage and gave a dowry of Rs 10 lakh in cash and 80 sovereigns of gold," the women's panel member said.

The commission, which doubted the validity of 'WhatsApp talaq', directed cops to present the man's parents during the next adalat.

The talaq over WhatsApp, meanwhile, has divided Islamic scholars. Sayyed Attakoya Thangal, the Alappuzha district president of Samastha Kerala Jam-Iyyathul Ulama termed it valid. "The divorce, however, will be granted only after holding discussions with both the man and wife and their family members. If husband sticks to his stand, divorce will be sanctioned," he said on Tuesday.

Another leader of the same organization and the chairman of the state Haj committee, Kottumala T M Bappu Musaliyar, said the WhatsApp message was not a legal document. "Talaq should ideally be done face-to-face. If it is not possible, talaq can be done after presenting relevant documents signed by witnesses," he said.

Kerala Nadvathul Mujahideen state president T P Abdulla Koya Madani termed talaq over WhatsApp "oversimplification of the entire process." He said, "Talaq should be done under unavoidable circumstances and conditions. Mandatory steps for talaq cannot be followed in WhatsApp."

Activist-poet and former chairperson of the state women's commission B Sugathakumari condemned the WhatsApp talaq, and sought strict action against the man. "I don't think a normal youth can act in this manner. The commission should provide protection and legal aid to the girl and her mother,'' she said.

NRI uses WhatsApp to divorce wife of 4 weeks - The Times of India

 

[ganesh623]

The talaq over WhatsApp, meanwhile, has divided Islamic scholars. Sayyed Attakoya Thangal, the Alappuzha district president of Samastha Kerala Jam-Iyyathul Ulama termed it valid. "The divorce, however, will be granted only after holding discussions with both the man and wife and their family members. If husband sticks to his stand, divorce will be sanctioned," he said on Tuesday.

There is no division, both imamas are concluding that talaq would be granted.

Under current islamic laws there is no room for muslim girls to demand any justice. Because for dvorse her opinion is not taken into consideration. The boy/man can chant the 3 words and she is doomed for ever.

Under hindu marriage act the divorse cannot be granted if the girl rejects it, that is called women empowerment. Muslim women need to take it to the streets to tilt the favour of law on their side. Nothing comes easy.

 

[Sky lord]

I wonder if the guy is gay And he was forced by his parents to marry. Sounds very much like it.

 

[Indika]

Under hindu marriage act the divorse cannot be granted if the girl rejects it, that is called women empowerment. Muslim women need to take it to the streets to tilt the favour of law on their side. Nothing comes easy.

I bet girl should move ahead with divorce, why in the hell would some one live with such an a***** ? She should seek alimony and screw his life.

 

[kasper95]

"The girl's father had died around four years
ago. Her mother conducted the marriage and
gave a dowry of Rs 10 lakh in cash and 80
sovereigns of gold," the women's panel member
said.

the guy should be booked for taking dowry first. that will put some sense into this guy. that will help in keeping the guy from his mobile and what's App for a long time.

 

[Soumitra]

this is why we need Uniform Civil Code so that such things don't happen

 

[Sky lord]

I bet girl should move ahead with divorce, why in the hell would some one live with such an a***** ? She should seek alimony and screw his life.

You won't get alimony for 4 weeks marriage. Anyway this marriage must be falling under muslim personal law so rules are different. The poor girl will face a lot of difficulty in finding another match. Hope at least she gets her dowry back from the Inlaws , but probably even half of the dowry has already been spent on wedding expenses. However, you look at it , this poor gal is up the creek without a paddle.

 

[Tridibans]

@jamahir This is the regressive attitude towards women that I was talking about. Not everything about UCC is bad, would you agree now or still its a Hindu saazish?

 

[MastanKhan]

You won't get alimony for 4 weeks marriage. Anyway this marriage must be falling under muslim personal law so rules are different. The poor girl will face a lot of difficulty in finding another match. Hope at least she gets her dowry back from the Inlaws , but probably even half of the dowry has already been spent on wedding expenses. However, you look at it , this poor gal is up the creek without a paddle.

Hi,

I think this dissolution should fall under fraud---as this is family arranged----the parents and people involved in the marriage on the grooms side should be taken into custody and investigated----and so should the groom.

The money given and gold must be recovered and 100% penalty charged to the groom and his family.

 

[dadeechi]

There is no division, both imamas are concluding that talaq would be granted.

Under current islamic laws there is no room for muslim girls to demand any justice. Because for dvorse her opinion is not taken into consideration. The boy/man can chant the 3 words and she is doomed for ever.

Under hindu marriage act the divorse cannot be granted if the girl rejects it, that is called women empowerment. Muslim women need to take it to the streets to tilt the favour of law on their side. Nothing comes easy.

It is their religion and their law. Hindus should avoid getting into the business of other religions. This is one of reasons why I oppose uniform civil code.

 

[Sky lord]

Hi,

I think this dissolution should fall under fraud---as this is family arranged----the parents and people involved in the marriage on the grooms side should be taken into custody and investigated----and so should the groom.

The money given and gold must be recovered and 100% penalty charged to the groom and his family.

I wish, but not going to happen. it happens other way round too you know. There are cases where the girl leaves the groom after a week for reasons unknown or very flimsy reasons. What I have seen happening is that the dowry and gold is returned minus the wedding expenses. This is silly because why should the girl pay for the useless and likely very expensive wedding....but you can't force a boy or a girl to stay married if they don't want to. In non muslim marriage I think you have to wait a year before you are granted a divorce but at the end of the day it all works out the same. The groom and bride separate and wait till they are allowed to get divorced.

 

[Sine Nomine]

Under hindu marriage act the divorse cannot be granted if the girl rejects it,

And you think after Rejection of Divorce by Girl,couple will live happily.

 

[ganesh623]

And you think after Rejection of Divorce by Girl,couple will live happily.

Point is then the onus is on the man to prove his point and prove it to the honorable court that he has justifiable grounds for demanding the divorse.
Imagine if he says things like my wife is a apple and i have tasted it already now i dont want her. Judge will get very angry and punish him for saying such a non-sense.

I am not saying the divorse wont be granted at all, but there has to be a logical ground for it. Everything is heard from both parties and if man has sufficient ground and can prove it to the court then he can get it.

While same cannot be said true for muslim girl.

 

[Sine Nomine]

Point is then the onus is on the man to prove his point and prove it to the honorable court that he has justifiable grounds for demanding the divorse.
Imagine if he says things like my wife is a apple and i have tasted it already now i dont want her. Judge will get very angry and punish him for saying such a non-sense.

I am not saying the divorse wont be granted at all, but there has to be a logical ground for it. Everything is heard from both parties and if man has sufficient ground and can prove it to the court then he can get it.

While same cannot be said true for muslim girl.

That can be even said for a Muslim when he is in Indian,but NRI's are not under Indian Courts so what ever they say court can't do anything.I have seen cases personally of divorce in which Male was on wrong side and he was made to pay but in case of a scum living out side of country we can do nothing.If even that scum was Hindu and NRI then still girl would have lost not him.

 

[Sky lord]

Yes, that is correct you can't have silly reason and say " wife is like an apple" !!! What is wrong with this guy, is he crazy?

As this marriage is only 4 weeks it is unlikely that any judge will provide alimony nor can a judge prevent the divorce. But if the man does something like this after say ten year of marriage, then the girl would be eligible to receive alimony for life or until she gets married again and child support if she has children, till they are 18.

The issue that some Muslim women face, and I say this with respect, is when they marry a cad who both refuses to divorce them and refuses to maintain them. This does happen sometimes, the man leaves his wife but refuses to divorce her or pay for her upkeep. the woman is left without options, she cannot force a divorce nor can she force him to pay her expenses. This obviously is a rare situation as most people are more decent than that ....but it does happen.