prayed that the court be pleased to order Billal to give back to her, her gold and silver ornaments worth about Rs 3 lakh lying with him.
illal appeared in the court and through his lawyer and filed a reply. Billal's say was that he had given the talaq to Reshma because she had deliberately aborted his child. Billal said that he would pay iddat maintenance amount but only ` 3000. As far as reasonable and fair provision for life of ` 10 lakh, Billal contended that he was not liable to pay the same to Reshma.
The case was heard in the court over a stretch of six months. Witnesses from both sides were examined and cross-examined in the court. Billal's advocate contended that Billal was justified in pronouncing the triple talaq as Reshma had deliberately aborted his child. To counter this contention, Reshma examined
Dr Sulekha Pandit as her witness in the court. Dr Pandit appeared before the court with all her medical records and deposed that Reshma had a miscarriage and the foetus had half way come out of the womb and so the medical termination of pregnancy had to be done or else the mother's life would have been endangered. To a query put to her by the judge, Dr Pandit replied that such incidents of miscarriage do happen in young ladies for various reasons. Dr Pandit also clearly opined that there was no sign of any forcible abortion of the foetus.
The judge while pronouncing his judgment observed that the Act under which the petition had been filed did not contemplate the reason why the talaq was given by the husband. Once a Muslim woman was divorced, she could file the petition under the Act, whatever be the reason for which husband has given talaq to her. The judge ordered Billal fo pay to Reshma ` 21,000 as and by way of iddat maintenance allowance, and ` 6 lakh towards fair and reasonable provision for life. The judge further ordered Billal to return to Reshma all her gold and silver ornaments as listed in her petition or in default pay her ` 3,00,000. Reshma was satisfied with the judgment of the court. On the other hand, Billal and his camp were disgruntled and disturbed. They began to protest in a loud voice that they would not pay the amounts nor would they return the ornaments to Reshma and that they would file an appeal in a higher court.
his time it was Billal and his father who once again approached the president of the community to bring about a mutual settlement. But the president was wise enough to tell them that the order had been passed by a court of law and the same had to be obeyed by them. The case was reported in the newspapers under big head lines and a picture of Reshma. The readers’ reaction was very positive and many of them congratulated Reshma for her brave and courageous stand. Many of the readers commented that the rule of triple talaq was very harsh and inequitable. Such a rule enabled a Muslim male to dispose of an undesirable wife like a dirty rag.
illal and his father consulted the top most lawyers for filing an appeal against the judgment. They were told that the appeal could be filed, but looking to the well-reasoned judgment of the court, the possibility of the amounts being enhanced could not be ruled out. After their initial bravado and chest beating had cooled down, Billal and his father, thought it wise to submit to the judgment of the court and to pay to Reshma all the amounts as ordered by the court. Thus, Reshma received a total amount of ` 6,21,000 from Billal. She also received back all her gold and silver ornaments.
Reshma invested ` 6 lakh in monthly interest the fixed deposit scheme in her bank. She then vigorously applied herself to the task of studies. She appeared for the Std.x examination and passed it securing 65 per cent marks. Her parents were now full of pride and confidence in their daughter. They did not question her in whatever she wanted to do as they were sure that their daughter would take the right steps. The judgment of the court had wiped off the humiliation that they had faced at the meeting of the community. Now the members of the community, especially the young and growing generation, looked at Reshma and her parents with awe and admiration.
In the petition, Reshma had prayed for payment to her by Billal, of the iddat maintenance amount of Rs 30,000 and a reasonable and fair provision for life, of Rs 10,00,000. She also prayed that the court be pleased to order Billal to give back to her, her gold and silver ornaments worth about Rs 3 lakh lying with him.