In a landmark judgement, the Supreme Court on Friday observed that no one can be forced to live separately against his or her will.
NEW DELHI: The Supreme Court on Friday observed that no one can be forced to live separately against his or her will in a case that has created wide repercussions in relation to a matrimonial dispute.
The case concerns a Muslim wife who, after having been given 'triple talaq' by her husband, decided to live with him again with mutual consent.
The husband of petitioner Nazma Biwi had pronounced triple talaq in an inebriated condition but later realising his mistake, decided to live with his wife and children.
The local Muslim community in Orissa, however, did not allow the couple to live together as it was against the law of Sheriat.
According to the Muslim Personal Law, a divorced wife has to go through the prescribed period of 'Idaat' (period of mourning) and has to marry some other person and can remarry her former husband only after divorcing her second husband.
A bench comprising Justice Uma Pal, Justice CK Thakker and Justice Markandey Katju granted two weeks time to the state of Orissa to file counter to the petition of Nazma Biwi and another person. It asked the Orissa government to provide police protection to the couple who had been facing a hostile community in the village of Bhadrak.
During the hearing of the petition Justice Katju remarked, "It is a secular country. Every community is supposed to behave in a civilised manner. Members of every community have the right to live with dignity. No one can force them to live separately."
The notice on the petition was issued by this court on January 4, 2006. Nazma Biwi has challenged the Orissa High Court Judgement dismissing her petition for direction to let the couple live together.
Expressing her happiness over the order, Nazma Biwi said: "Now my children, my husband and I can live together. My children can go to school and we'll have a square meal a day."
"If you go purely by the book even then divorce is not a desirable thing. And more so if it is pronounced when one is not in one's senses. You cannot force people," said Hamid Ansari, Chairman of the Minorities Commission.
"The couple has every right to live together. In fact, several religious institutions have also upheld the same view," said Javed Akhtar, script writer.
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