
Patna: A woman in Sitamarhi district has lodged a complaint accusing her husband of divorcing her through instant triple talaq, a Muslim practice banned and rendered illegal by the Supreme Court in August.
Rafat Tarannum, 27, has lodged a complaint with the Nanpur police station in the district alleging that her husband, Arif Jaya, divorced her over video phone call by uttering the words "Talaq, Talaq, Talaq".
A five-judge constitution bench of the Supreme Court had, on August 22, by a majority of 3:2 set aside the practice of quick divorce through triple talaq, or "talaq-e-biddat", ruling that it was void, illegal and unconstitutional, and against the basic tenets of the Quran.
Rafat, a resident of Dhankaul village in Sitamarhi district, 210km northeast of Patna, sought the intervention of the police after the local panchayat and the Imarat Shariah in Patna allegedly turned a deaf ear on her complaint.
"This is true that the issue was raised at the meeting of the panchayat on November 3 and November 4. But it remained unresolved due to stubbornness of the accused's family," mukhiya of the panchayat concerned, Meghnath Yadav, said.
Station house officer (SHO) of Nanpur police station Sukan Sahni said the issue of instant triple talaq had come to him for the first time since the apex court verdict.
"I have sought guidelines from my seniors on the matter," Sahni told The Telegraph over phone on Friday.
Legal experts said instant triple talaq was now a cognisable offence.
"Divorce among Muslims through instant triple talaq is now a cognisable offence and the accused are booked under non-bailable sections. If convicted by the court, the guilty person is liable for punishment up to seven years," said advocate Sangeeta Shahi.
SHO Sahni said charges of dowry have been slapped on the accused, including Arif and nine other members of his family, as the woman was being harassed for dowry.
According to the police complaint, Rafat's husband, who is employed in the United Arab Emirates (UAE), pronounced "Talaq, Talaq, Talaq" through a video call on October 18.
Rafat's ordeal began in September this year when Arif came to his native village from the UAE to attend the wedding ceremony of his sister-in-law. When the wedding was over, Arif, according to the complaint, again started harassing Rafat for dowry.
He had allegedly demanded Rs 2 lakh in cash, a motorbike and jewellery as dowry.
Rafat's father, Mohammad Imtiyaz, said his daughter got married to Arif in 2010. The couple didn't have any child. As a result, Imtiyaz said, Rafat's in-laws were not happy with her. "On October 18, when I informed Arif's parents about the divorce, they misbehaved not only with me but also with my daughter," Imtiyaz told this newspaper over phone.
Imtiyaz, who works with a private firm in Delhi, said he would continue his fight to ensure justice for his daughter.
Nanpur SHO Sahni said the accused have been booked under sections 143, 149, 341, 323, 498, 504, 506 of IPC and section 3/4 of the dowry prohibition Act.
However, nobody has been arrested so far. Mohammad Safi-ul has been made investigating officer of the case.