Despite the Supreme Court judgment declaring the practice of Triple Talaq as illegal and unconstitutional, the evil practice is still very much prevalent. In a strange case that has come to light from Bareilly, Uttar Pradesh, a 65 year old man who was married to a young Muslim woman to perform Nikah Halala, has now refused to divorce her, as per reports.
As per information, Juhi, daughter of Akil Ahmed from Uttarakhand, was married to Mohammad Javed in 2010. The couple has two sons. Within three years of marriage, the couple started having conflicts which ultimately ended in divorce in 2013. After a few days of divorce, the husband Javed had a change of heart and he wanted to reunite with Juhi.
The Sharia custom of nikah halala requires a divorced woman to marry another man and consummate the marriage in order to return to her first husband. Often, such temporary marriage is done with another male member of the husband’s family, including father and brothers of the husband.
In this case, the relatives of the woman arranged for her to marry a 65-year-old man from Bareilly under the condition that he would divorce her soon so that she can be reunited with her first husband, Javed. However, the elderly man has refused to divorce Juhi saying that the marriage is not consummated yet.
The woman has pleaded for justice before Farhat Naqvi, sister of Union minister Mukhtar Abbas Naqvi and President of Mera Haq Foundation. Farhat Naqvi said that when she talked to the elderly man over the phone he was very angry. He clearly said, “I will not divorce, I have been cheated. After the marriage the woman did not even come near me”. He also said, “I will go to jail, but will not talk in the matter”.
Right now, in order to find a solution to this intriguing case, Ulama-e-Karam told the woman to go to the Sharia Court. Maulana Shahabuddin Razavi says that if the woman wants to get a divorce then she has the right to do so. It can be separated by Khula procedure, under which a Muslim woman can divorce her husband, although it is not as quick as triple talaq method available for Muslim men.
One son of the couple lives with the mother and the other lives with the father. The children are worst affected by this ugly turn of events.
