Rahim, a Sunni Muslim, pronounces triple talak against his wife for satisfying his father’s demand to divorce her. Immediately he repents and marries her then and there. What will be the legal status of this marriage? Discuss and decide.

By | April 21, 2022
Muslim Law Mains Question Answer

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Question: Rahim, a Sunni Muslim, pronounces triple talaq against his wife for satisfying his father’s demand to divorce her. Immediately he repents and marries her then and there. What will be the legal status of this marriage? Discuss and decide.

Find the answer only on Legal Bites. [Rahim, a Sunni Muslim, pronounces triple talaq against his wife for satisfying his father’s demand to divorce her. Immediately he repents and marries her then and there. What will be the legal status of this marriage? Discuss and decide.]

Answer

Triple Talaq is a form of marriage dissolution in Muslim Law, whereby it allows a husband to divorce his wife by repeating the word “talaq(divorce) three times in any form, including email or text message. The presence of the wife is not required, she can be given Talaq without assigning a valid reason. The term “Talaq” refers to the repudiation of marriage by the husband under Muslim law. The practice of triple Talaq has been prevailing since ancient times in India.

But according to the recent judgment of the Supreme court in Shayara Bano v. Union of India & Others and the triple talaq act, Triple talaq is criminalized in India whether through text (including WhatsApp, Facebook, Instagram, and any other social media or digital form of communication), call, or orally.

This act allows a police officer to arrest any Muslim man that tries to do this, and they do not require a warrant at the time of the arrest.

So in this present case talaq is not commenced so there is no question of re-marriage. Rahim commenced offence if his wife wants to take action against him then she can file a criminal case.


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