Thursday, January 05, 2006

wither indian judiciary

Triple Talaq: SC notice to Orissa Govt. on Muslim couple's plea

New Delhi, Jan. 5 (PTI): The Supreme Court on Wednesday sought explanation from the Orissa Government on a petition by a Muslim Couple that the State was not providing them protection to live together after local community forced them to stay separately claiming the husband had uttered "triple talaq" while intoxicated.

A Bench headed by Justice Ruma Pal issued notice to the State Government on a petition challenging the Orissa High Court judgment which did not give relief to the couple.

The couple Nizama Bibi and Ser Mohammad has sought a direction for the police for taking immediate action against those villagers who are threatening and not permitting them to reside together with their four minor children.

Their counsel said interference by the local community was affecting their fundamental right to stay together.

"An impression seems to be created that mobs have a right to take law into their hands and the police will not intervene because it is supposedly a religious matter," the petition said adding that "even if they are religious matters they must bend in favour of fundamental right",

The sordid tale for the couple began when on July 15, 200 some members of the community said that the husband while intoxicated uttered triple talaq, a claim denied by both.

The petition said upset with the attitude of community they approached the Mufti who on September 11, 2003 issued a fatwa to the effect that the divorce was not effective as triple talaq was uttered under intoxication.

However, a mob approached another Mufti on September 28, 2003 and obtained another fatwa to the contrary, they claimed.

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