Wednesday 25 May 2016

Triple Talaq - A Family Breaking Statute.







Talaak…!! Talaak…!! Talaak…!!

In recent days, #TripleTalaq has been subject of prime discussion on various medias. The point of issue had been “3 times Talaq” in Muslim culture is illegal and also unhuman that annoyed everyone. In recent years, it has also been observed that divorce plea reaching to various courts are increasing gradually and percentage of young couple approaching courts for Divorce is quite alarming and worries most. However, this was ignored by all.

The actual subject under discussion would have been then Divorce, and not mere #TripleTalaq or the way it is given. Talaq or Divorce is a family breaking statute ultimately in which husband and wife are equally muffed, irrespective of religion. It would have been appropriate to discuss and understand reasons behind spouses splitting whether in Hindu, Muslims or any other religion.

The facts of a failed marriage is neither disclosed nor accepted by either spouse. When a Muslim leaves his wife by means of #TripleTalaq, this is said that “the husband is so unhuman”. On other hand, when wife goes to the court seeking marriage to be dissolved, the step of woman is said logically factual ultimately alleging in the same manner that “the husband is so unhuman”. In both situations, the guilt is basically chucked on to husbands while wife walks out scout free considering that she is innocent and weaker gender being female and is total misappropriation.

What happens between spouses within four walls of house are better known only to them however these come to surface only when matter reaches in court. The court looks in to allegations & counter allegation between spouses and relates those to testimonies produced and finally, concludes findings in its judgment. Then the only one to believe is findings and verdicts of court because such opinions are based on all materials produced there by respective spouses. To mention here, these spouses are from all religions and even Muslims.

Though there could be many such verdicts, however few verdicts must be referred that demonstrate totally different reality…

In a divorce case, Supreme Court found and stated that…. “She had been deliberately insulting and hurting her husband and his family...... Leave alone the traditional obligations of woman/wife in a Hindu society; even in a western family, such a behaviour is bound to be treated as clear instance of a wife torturing her husband.”

The Madurai Bench of Madras High Court stated in one of its judgment that… “Filing cases under the Domestic Violence Act by female members has become a common one..... The notable flaw in this law is that it lends itself to such easy misuse that women will find it hard to resist the temptation to “teach a lesson” to their male relatives and will file frivolous and false cases. A similar trend is already being observed in the case of anti-dowry law (498-A), which is being misused to such an extent that the Supreme Court has termed it ‘Legal Terrorism’.….”

It is then established rule that initiation of false case against husband falls under cruelty and is definite ground for Divorce. Also, as per Supreme Court’s ruling, wife staying away from husband for quite a period without sufficient cause deserves a decree of Divorce.

In fact, marriages are failing because of many reasons. Husband and Wife imply a family and the house is their fort. What happens within four walls of a house has its major impact on the mind of the respective spouse. The relationship of a husband and wife is built upon on mutual trust, devotion and confidence with each other. If the said element of confidence and trust is lost, there can be absolutely no peace of mind and no rapport between the two. When trust, peace and rapport between spouses are lost, the love and affection between spouses also dies completely. It is then that such bitter relationship between wife and husband ends as Divorce or Talaak irrespective of religions.

Mixing up simple unwise sociological perceptions or reactions and without considering hidden facts of the trustworthy and personal relationship between husband and wife would not be proper. A healthy relationship between wife and husband is important being the elementary unit constructing a healthy society. With increasing instances of divorce today, it is of prime interest of everyone to look into the reasons of stressed relationship between spouses and to save the basic unit of heathy society.

It is therefore prime responsibilities of every sensible individual including media to notice the cause of bitter relationship between spouses irrespective of religion. If the notable steps are not taken even now, the bond between man and woman, two unique species on the earth, will no longer exist and might result in total social destruction.