{"id":410,"date":"2018-01-21T17:15:36","date_gmt":"2018-01-21T17:15:36","guid":{"rendered":"http:\/\/www.wakilsahab.in\/news\/?p=410"},"modified":"2018-01-21T17:15:36","modified_gmt":"2018-01-21T17:15:36","slug":"marriage-of-muslim-woman-during-iddat-not-void-supreme-court","status":"publish","type":"post","link":"https:\/\/www.wakilsahab.in\/news\/marriage-of-muslim-woman-during-iddat-not-void-supreme-court\/","title":{"rendered":"Marriage of Muslim woman during \u2018iddat\u2019 not void: Supreme Court"},"content":{"rendered":"

Source –\u00a0financialexpress.com<\/strong><\/p>\n

A city court has ruled that the marriage performed by a Muslim woman during the \u2018iddat<\/strong>\u2019 (waiting) period is not invalid, even as the issue of triple talaq is being debated in the Supreme Court. Under the Islamic law, a divorced woman has to wait during the \u2018iddat\u2019 period for about three months before she can remarry. The Delhi court dismissed the claim of a man, accused of domestic violence by his wife, that their wedding was invalid as the per Islamic law, as she had not completed \u2018iddat\u2019 after getting a divorce from her first husband.<\/p>\n

\u201cAny marriage performed by a Muslim woman during the iddat period is an irregular marriage and not a void (batil) marriage. Hence, the contention of the man on this aspect is found to be without any merit,\u201d Special Judge Bhupesh Kumar said while relying on a Supreme Court observation. The court said there was \u201csufficient evidence\u201d to issue notice to the Muslim man, who works with the Coal India Ltd in Chhattisgarh, under the domestic violence act, saying \u201ceven depriving aggrieved person economically or financially amounts to domestic violence.\u201d<\/p>\n

In her complaint seeking Rs 10 lakh compensation and monthly maintenance from the accused man, her second husband, the woman had said that he had concealed his first wedlock from her and when she found out about it, he started avoiding her and stopped sending her money. She said she had married the accused after obtaining divorce from her first husband. The man, on the other hand, denied that he had married the complainant, saying she was in the \u2018iddat\u2019 period and any wedding during this period is invalid.<\/p>\n

\u201cAs per Islamic law, the female cannot remarry during \u2018iddat\u2019 period and any marriage taking place during \u2018iddat\u2019 period cannot be termed as valid marriage,\u201d he said, adding that the woman got divorced from her first husband on October 4, 2012 and the second nikah was performed two days later. The court also rejected the man\u2019s contention that the provisions of Protection of Women from Domestic Violence (PWDV) Act are not attracted as there are no allegations of physical, sexual or verbal abuse in the application.<\/p>\n

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