In reply to the appeal filed by estranged wife Sabah Galadari against the family court order invalidating their second marriage, singer Adnan Sami filed an affidavit running into 1,700 pages citing case details, religious texts pertaining to the Muslim personal law and judgments of higher courts.
In his affidavit, Sami has stated that triple talaaq is not necessary when the wife has initiated the divorce.
Sami and Galadari were first married in 2001 and divorced in 2004. However, they remarried in 2007. The family court on October 13, held that the re-marriage was null owing to non-performance of halala. Halala requires the wife to go through another marriage, consummate it and then get a divorce before she can remarry her first husband. Sami in his affidavit has stated that halala by a wife has to be proved and not presumed. “Since the wife has failed to prove it, the bar of halala shall operate and the second marriage is invalid,” said Sami’s advocate Vibhav Krishna.
Sami has said that their first divorce was initiated by Galadari under an agreement on April 4, 2004. When the divorce is initiated by the wife, it is called khula. Thus triple talaaq is then not necessary, Sami has contended.
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