Reverse talaq: Muslim woman divorces husband publicly
In a rare case among Muslims, a woman of the community gave khula (divorce by woman) publicly to her husband here on Saturday evening to “free herself from a tortuous marriage.”
The move comes weeks after the Supreme Court banned instant talaq (triple talaq) by Muslim men.
Shajada Khatoon took the step as she was fed up of running from one place to another for the past 18 months seeking divorce from her husband, who kept avoiding it. In her bid for ‘khula’ she pleaded with her husband and clerics, among others, but was ignored, so she decided to do it through a letter that she signed at a press conference.
“He had made my life hell just a few days after I got married on November 14, 2005. The torture was so much that I filed a case against Juber Ali (her husband) but that too did not bring relief,” Khatoon told media persons adding: “I wish I’ll be free from today.” Khatoon has not been living with her husband since the past 18 months. She works as a teacher to earn a living.
“In these months I went to Nadwa and Firangi Mahal, too, but even there I could not find a solution so I decided to take this step,” she said.
She had sent a letter seeking divorce on September 6 to her husband, who works as a mechanic in a consumer goods store in Lucknow’s Daliganj area. The same letter she signed publicly on Saturday.
“I am living alone without any support or security from anyone. No one has the right to compel me now to live together (with husband) and if someone has an objection they might move court,” she said. Khatoon said when she sought divorce from her husband he refused and said she had to live as his wife lifelong.
Maulana Khalid Rasheed Farangi Mahli, member All India Muslim Personal Law Board, said such a ‘khula’ is not accepted as it has a procedure wherein the husband is served notice on the request of the wife. If after three notices the husband does not turn up, the verdict on the woman’s request is given.
If the husband turns up on first khula notice and agrees for it, woman is allowed to separate and live with whoever she wishes to MAULANA KHALID RASHEED FARANGI MAHLI, cleric
“If the husband turns up on the first notice and agrees for it, they are allowed to separate and the woman can live with whoever she wishes to. Sometimes husband does not turn up and this takes over a year but in no case a letter can be a base for ‘khula’,” said Maulana Farangi Mahali.
“Upset with the frequent harassment, Khatoon left her husband’s house in 2016 and started visiting various clerics for help in her divorce but could not get any help,” said Naish Hasan, a social activist supporting Khatoon. Naish is general secretary Muslim Woman League, a state level organization.
Advocate Rijwan Ahmad, who was also present at the press conference, said the woman has filed for divorce and no one can compel her to live with that man (husband). “Now if someone has a problem they might go to court,” he said.