Even as the age-old practice of triple talaq has kickstarted a debate, with a Constitution Bench of the Supreme Court seized of the matter, a Bhopal-based Muslim woman has alleged that her father-in-law, the chief Mufti of the city, is compelling her to perform nikah halala after her husband gave her triple talaq three years ago.
Shaista Ali, the daughter-in-law of Bhopal’s chief mufti (Mufti-e-Shahar) Abul Kalam told The Quint that:
My in-laws have been pressurising me for ‘nikah halala’ and have even offered money to settle the case which is being heard in the district court. They are saying that we will arrange your marriage with one of our relatives. After a period of time, he will divorce you and then you can be together (with the Mufti’s son).Shaista Ali, daughter-in-law, Mufti-e-Shahar (Bhopal)
Timeline of the Case
On 5 August 2010, Shaista got married to the mufti’s elder son Mohammad Saleh, 29, and started living with her husband. After few months, her parents-in-law began pressuring her for dowry. They would often complain to their son about trivial issues, thus targeting Shaista and pinpointing her mistakes. Shaista would be threatened with talaq every time she sought to defend herself.
My in-laws didn’t like me, especially my father-in-law because we got married by our choice. My father-in-law had often threatened me of talaq and that my husband would remarry.Shaista Ali, daughter-in-law, Mufti-e-Shahar (Bhopal)
In the first few months, her husband Saleh did not react to their complaints but after some time he also turned against Shaista. He would often beat his wife and direct a volley of abuses at her, which became a routine for the household. In between, the couple welcomed the birth of their two sons – Ibrahim and Ismael.
In 2014, Saleh gave Shaista triple talaq after coming under the pressure of his father, who allegedly forced his son to do so, alleging his wife Shaista was ‘uncultured’. Saleh not only followed his father's instructions of giving talaq in a fit of rage but also thew her out of their home, along with both the kids.
It was then that Shaista knocked on the court's door hoping to get justice and legal relief from her in-laws’ action, including her husband for giving talaq arbitrarily. She filed a case of domestic violence under section 498 (dowry) of IPC, and sought allowance for maintenance under section 125 of CrPC.
However, the domestic violence case is still being heard at the district court, while the maintenance case has gone in favour of Shaista.
Also Read: Case Files: The Making of the Landmark Judgement on Triple Talaq
Building Pressure for Nikah Halala
On 22 May 2017, Saleh approached the Moti Masjid in Bhopal as he wanted to remarry a local girl. Someone tipped off Shaista who rushed to the mosque and created a ruckus, that led to Saleh and others fleeing from the spot. But local news channels, as well as newspapers, brought the matter to public attention.
After the media reports, her in-laws, including her husband and relatives, started pressuring Shaista for 'nikah halala', either verbally or through text messages.
The way we separated was illegal, from the point of view of the Sharia as well as the constitutional laws. Then why should I go for ‘Nikah Halala’? Besides, if he doesn’t want to accept me without halala, it’s ok, but why is he ruining the life of his two sons? He not only failed to become a good husband but also a good father.Shaista Ali, daughter-in-law, Mufti-e-Shahar (Bhopal)
In a message to his wife, Mohammad Saleh wrote, “Mai tumhe rakhne to taiyar hu, agar tum Halala ke liye taiyar ho jao. Apne kisi gharwale se tumhari nikah karwa duga, phir talaq karwa kar tumse shadi kar loonga, iske badle tumhe mere khilaf jo case kiya hai wo wapis lena hoga, ya phir chup chap kharcha le kar ghar per baitho.” (I'm ready to remarry you if you agree for Nikah Halala. I will arrange your marriage with one of my relatives who will give divorce after a few months and then we will remarry. But in return, you have to withdraw the case in the district court and keep mum by taking maintenance allowance.)”
Taking a strong stand over the issue, Shaista asked, “As per the recent advice of the All India Muslim Personal Law Board (AIMPLB), those who give talaq unlawfully need to be boycotted from the society. Will they boycott him?”
Also Watch: Watch: Decoding the Triple Talaq Debate with Arif Mohammad Khan
Turning a Deaf Ear to Complaints
Hoping to get justice, Shaista has knocked on many doors including the Women’s Commission, district and police administration, mahila thana, MP Minister Umashankar Gupta’s, but nothing happened.
Even the police personnel at the mahila thana refused to register the case because his father-in-law Mufti Abul Kalam is considered to be an influential man of the city.
He often says, Chief Minister, District and police administration are my dearests. They don’t take any action against me, do whatever you can, I will settle the issue.Shaista Ali, daughter-in-law, Mufti-e-Shahar (Bhopal)
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Violation of Court’s Order
Even after eight months of the district court verdict to pay Rs 5,000 to Shaista and her children as maintenance allowance, the Mufti’s son has chosen to ignore the legal order completely.
After three months of the verdict, when he did not comply, Shaista had filed a complaint of 'contempt of court'. Saleh sent the money immediately and stated that he’s giving maintenance allowance, however, he stopped doing so the following month.
Despite several calls and messages neither Shaher-e-Qazi, Mushtaq Ali Nadvi nor a member of state AIMPLB, Arif Masood or any of the family members of the Mufti Abul Kalam responded.
Also Read: Triple Talaq: Much Ado About Nothing! What About Education, Jobs?
We have already won maintenance case and now we are very close to the final verdict. Our case is very strong because she is not separated according to our constitution and courts have notified them in domestic violence. However, her husband Saleh who had filed a divorce case in the district case has withdrawn.Pratap Singh, Advocate of Shaista Ali
(The writer is a Bhopal-based freelance journalist. He can be reached @MallickKakvi.)
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