The victim was sent a talaqnama because she attended her sister’s funeral.
The court of judicial magistrate first class SB Deore on Wednesday directed the Faraskhana police to ensure that a 43-year-old woman, who was divorced by her husband by sending a talaqnama by post, is given a shelter in her husband’s residence. The reason given by her husband for the talaq was she attended the funeral of her elder sister in Kolkata without his permission.
Her husband also drove out his three grown up children along with the victim.
The victim, Meher Mandal, filed a complaint against her husband Rahim under the Protection of Women from Domestic Violence Act, 2005 through her lawyer, Afroz Shaikh.
According to the complaint, Meher and Rahim (who is a goldsmith by profession), got married on June 18, 1986 according to Muslim customs.
Since Rahim suspected Meher’s character, she rarely stepped out of her house.
As her father died when she was a child, her elder sister brought her up and married her off with Rahim. Rahim used to beat her up and their three children and abused them for no reason. On January 4, 2012, Meher came to know that her elder sister had died in Kolkata. She wanted to go to Kolkata for attending her sister’s funeral but Rahim became furious. Rahim told her that he did not have money to send her to Kolkata and beat her up.
As the emotional attachment between both the sisters was strong, Meher and her three children made financial arrangements for going to Kolkata.
But Meher got a shock when she received a talaqnama by post in Kolkata and immediately returned to Pune. When she went to her home, her husband told her that after the divorce, there was no relation between him and his wife and the children.
Meher’s lawyer Shaikh brought it to the notice of the court that all the three children are grown ups and both the elder daughters have completed a course in bachelor of computer science and the son is studying in first year of the bachelor of science course. However, they are not financially independent and don’t have anyone’s support. Sheikh also told the court that according to a judgment of the Supreme Court of India, if a person wants to divorce his or her spouse, it should be done in a proper way and in the presence of Muslim spiritual leaders.
After pursing the argument by Shaikh, the court in its interim order, directed the Faraskhana police to provide shelter to the victim and her three children at her husband’s home.
(Names have been changed to protect the identity of the
victim)
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