Madurai: The Madurai Bench of Madras HC ordered interim stay on a lower court order accepting the divorce of a Muslim woman through the customary practice of issuing ‘triple talaq' in Theni district.
Nazeema from Theni filed a writ appeal before Madurai bench stating that she was married to M Mydeen Batcha, a railway employee from Rajapalayam in October 2007. At the time of marriage, her father gave 30 sovereigns of gold jewellery and Rs 40,000 cash as dowry to the in-law family members, she said. Her in-law family members started troubling her demanding more dowry and unable to withstand their mental torture, she filed a complaint with the All Women Police station, Bodi in 2009.
After Mydeen Batcha requested her to withdraw the complaint while promising to continue their matrimonial life peacefully, she withdrew the police complaint. However in April 2010, Batcha issued a 'triple talaq' to end their marriage, she pointed out in the petition.
Nazeema filed a petition at sub-court at Theni to declare 'triple talaq' as null and void and the court also gave judgment in her favour. Against this order, Batcha filed an appeal in the additional district court Theni at Periyakulam in 2015. After the trial, additional district and session judge, Theni accepted Batcha issuing a 'Triple Talak' to end their matrimonial life.
After examining her petition, the Justice R Mahadevan passed interim order against the lower court judgment and directed Batcha to file counter within three weeks.
