Woman moves Bombay HC against Nikah Halala

Mumbai: A 32-year-old Muslim woman who has been divorced but wants to get married to her former husband again has approached the Bombay high court seeking direction for the union government to declare the practice of ‘Nikah Halala’ unconstitutional.

Nikah Halala is a practice followed by some Muslim sects where a female divorcee who wants to marry her former husband, is supposed to marry another man first, consummate the marriage, then get a divorce from the second husband in order to remarry her previous husband.

The petitioner and her 35-year-old husband got married in November 2009. It was her husband's second marriage. Her husband rides an auto rickshaw. She alleged that her husband started misbehaving within two months of their marriage.

He allegedly tortured her mentally and physically. She told the court that her husband has now married the third time, and is ready to marry her again only by way of Nikah Halala.

The woman said it “violated her constitutional rights to a life of dignity unmarred by gender discrimination.”  

Currently, she stays at Nalasopara and her husband lives in Bandra. She alleged that her husband was misusing the Shariah laws to avoid getting married to her again.

The petitioner challenged the “triple talaq” (divorce at one sitting) given to her by her husband and asked the court to quash it.

She mentioned in her petition that "the court should direct the Union of India to declare section 2 of the Muslim Personal Law (Shariat) Application Act, 1937, under which one practices Talaq-e-Bidat (triple talaq), Nikah Halala, and polygamy as illegal and unconstitutional as it violates right given under Articles 14, 15, 21 and 25 of the Constitution of India".

She told the HC that her and her husband's identity should be kept secret and she be provided with adequate security in case some zealots try to attack her. "We have filed the petition on behalf of the woman today. It will be heard in due course," said petitioner's lawyer Nitin Satpute. He added that they have also filed a criminal complaint against the husband at Nalasopara, where the woman currently lives, for forgery as the divorce papers sent by her husband bears thumb impression which are not hers.

As per the petition, the husband had divorced the petitioner in her absence by "triple talaq" through a Kazi under the Muslim Personal Law. The petitioner has requested the government to amend the law and declare the practice of Nikah Halal punishable under section 376 (rape) of IPC.