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.

 



6 comments:

  1. The blog is well written. Keep at it.

    A misconception shown in MSM is that a Muslim man can simply say the three words (Talaaq Talaaq Talaaq) and get a divorce, leaving the woman on the road!

    The divorce isn't instantaneous as normally believed. The outcry is due to the perception that women can't have it their way.

    They want to empower the Muslim women to abuse the system and get away like the other women do. The politicians are also playing up this aspect of bringing uniformity of laws for women (ignoring that the laws have allowed women to abuse the system by filing multiple false cases, adding to the judicial pendency)

    ReplyDelete
    Replies
    1. Gud article in a strained relationship anyone can suffer we are in 21 st century stop believing that only woman are victims in a divorce

      Delete
    2. Dear Mam,

      I thank your first for reading this article and also for your views and comments that you wrote. Further, I am thankful to you to recognise what I basically meant in the article.

      Without offending, I express my opinion that “in Talaq or Divorce, it’s not only woman who is victim, man also suffers equally”.

      In my views, “Marriage is social and cultural institution in which a man and a woman come together unconditionally to make a family with promises to live life with broad minded acceptance to support and carry responsibilities of each other in all phases of life.”
      The concept of marriage is hardly grasped by spouses today.

      My article is just a view to express some hidden reasons of a failed marriage. If this article saves even one marriage agreeing and realising need of mutual relationship, I will be grateful to almighty.

      Thanks and regards

      Delete
  2. Hi Me Abhay Chakradhar.

    Thanks for your comments. The reality behind opposing triple takaq n the burning issue of marital rape is just export-import of culture of one religion in to other.

    Lot many things will surface n that too very soon... ����

    ReplyDelete
  3. Hi,

    By going through the blog i understood that each and every individual need to understand stress that spouse (More particularly husband) going through which is resulting divorce but i didn't get through this blog whether triple talaq was encouraged or discouraged. Any ways blog was nice with those two judgments refereed for understanding the stress we (husbands) are going through. At least Muslim husbands have option to give oral Talaq which many feminist, NGO, Women welfare organization are trying to point out in different way so that it can forced through SC to remove such procedure. According to me now a days triple talaq was increased due to women empowerment (most of the womens) and misuse of gender biased laws in India. Procedure of Talaq by husband and Khulla by wife is religious which depends on spouse what exactly they have faced before separation.

    Thanks and regards,
    Waseem

    ReplyDelete
  4. Hi Mr Waseem Raza.

    Thanks for your comment. The symbolic pic above itself is an answer to your point raised whether Triple Talaq shall be encouraged or discouraged. When Spouses splits, family breaks. Not only Triple Talaq, the outcome of divorce between couples of all religions are same.

    As rightly observed by you, this blog is an small attempt of people to recognise the stressed relationship between wife and husband. this is mainly because of absence of lack of adjustment, understanding and cooperation between husband and wife. If this is recognised once socially, the approach of every individual may be to save the elementary unit of society.

    Thanks and regards.

    ReplyDelete