In a shocking incident in Kerala, a senior judge from Pallakad has been accused of illegally divorcing his wife by issuing ‘Triple Talaq’.
According to the reports, the wife of B Kalam Pasha, who is a session court Judge in Kerala’s Palakkad district, has approached the Kerala High Court to register a complaint seeking action against him.
In her complaint, the women said judge Kalam Pasha had issued Triple Talaq against her through a letter on March 1, 2018. Later, he sent her another letter claiming that there was a typing error in the letter. The letter said that original date of issuing Triple Talaq was March 1, 2017.
The judge’s wife also accused that Justice B Kalam Pasha and his brother of threatening her with dire consequences if she refuses the divorce. Interestingly, the brother of the accused judge Kalam Pasha is B Kemal Pasha, a retired judge of the High Court of Kerala.
Judge Kalam Pasha avoiding criminality by citing technicalities: Report
The complaint said that the change of date was nothing but a mere technicality to avoid legal procedures against the judge. The new date gives Kalam Pasha immunity from arrest as the law banning triple talaq came into force much later.
Also, it is not an easy procedure to register a case against a judge in the country. A case against a lower court judge can only be booked with the permission of the Chief Justice of the High Court.
The barbaric practice of ‘Triple Talaq’ was made illegal by the Parliament and invites criminal proceedings against the husband who invokes it. However, in this case, the judge who is obligated to provide justice in such cases is himself accused of following such medieval practice.
In August 2017, the Supreme Court banned the practice of Triple Talaq following which the Parliament criminalised the practice that demeaned Muslim women and gave Muslim men unilateral power to end a marriage.
