Woman challenges decree on talaq

A petition filed before the Madurai Bench of the Madras High Court on Monday sought to set aside a lower court order on a
talaq
notice, which was decided on technical grounds. Justice S.S. Sundar adjourned the case.

The appellant, M. Nazyeema of Theni, said she got married to Mydeen Batcha in Theni and it was registered with Rajapalayam Jamaat. She claimed that her family offered 35 sovereign of gold, Rs. 40,000, furniture and utensils as dowry.

She claimed that Mydeen Batcha was employed with a private firm at the time of marriage. However, after he secured a job with the Southern Railway, his family demanded extra dowry. A complaint was lodged with the All-Woman Police Station, Bodinayakkanur, and it was placed before a judicial magistrate.

At this juncture, the family of the man requested her parents to withdraw the complaint assuring her that no further demand would be made and the couple would live together. However, following the withdrawal of the complaint the respondent sent a
talaq
notice through his counsel in telegram.

A suit was filed seeking a direction to declare the notice null and void before the lower court in Theni. The sub-court passed a decree in favour of Nazyeema. However, Mydeen Batcha appealed before the Additional District and Sessions Judge, Theni, who set aside the decree on a technical ground that the
talaq
notice was challenged instead of the
talaqnama
itself.

She also claimed that the respondent had not tried to resolve their dispute nor had he mentioned maintenance amount for the
iddat
period. There was no valid reason for the pronouncement of
talaq
, hence it was null and void, she said.

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