Adnan Sami's wife files appeal saying halala is not applicable

Sabah Galadari, newspaper heiress and wife of playback singer Adnan Sami, has filed an appeal in Bombay high court challenging a family court's decision which rendered her marriage invalid for non-performance of halala.

Halala is an ancient practice requiring a divorced wife to marry another man, consummate that marriage and divorce him before marrying her first husband again.

The appeal has raised many issues involving Muslim laws on Marriage and Divorce.

Sabah, a citizen of UAE, pleaded that the family court had not understood the principles of Islamic law and claimed that halala was not at all necessary in her case.

Sami and Galadari married in 2001 and divorced in 2004. However, they remarried in 2007.

On October 13, the family court had invalidated their marriage saying halala was not performed in this case.

The appellant contended that Sami had raised the issue of halala only to reclaim the property he had gifted her. She said under the Muslim law, a gift by a husband cannot be revoked.

In May last year, Sami had gifted her two flats in Sky Garden building in Lokhandwala area of suburban Andheri.

Sabah's appeal claimed that halala practice was not applicable to her divorce as it was not a case of triple talaq. Sabah said the family court had wrongly relied upon this ancient law while invalidating her marriage and had not taken into account recent judgements of various high courts and the supreme court which have abolished the practice of triple talaq.

The Appellant said her case fell under the category of single talaq in which halala is not required.

Under single talaq, a couple can re-marry with a fresh marriage contract and new dowry, she said.

Sabah submitted the family court had not followed the well-established principle of Islamic jurisprudence which permits a married couple to settle their own terms of divorce.

Her counsel Mahesh Jethmalani argued that Sabah was being denied her rights following the family court's verdict invalidating her marriage.

Sami's lawyer Vibhav Krishna sought time and justice Bilal Nazki and justice SA Bobade asked him to file reply by November 27.