ALAPPUZHA: A local court here on Saturday pronounced a rare judgment to protect the rights of a victim of triple talaq. The court ordered to attach the property of the parents of Shammas, 26, who pronounced triple talaq to divorce his wife Roufi, 21. Shammas had married her 17 months ago. Alappuzha Chief Judicial Magistrate (CJM) A M Basheer ordered to attach the property of the parents of Shammas based on a petition filed by the woman’s parents.
According to K Najeeb, counsel of the victim, Shammas, son of PM Salim, Kottamkulangara, Aryad, married Roufi, 21, of Darululu, Mannancherry, Alappuzha, on January 11, 2018. “He was working abroad at the time of marriage. After a few weeks of marriage he went to his workplace. Once Shammas went abroad, he and his family forced the girl for a divorce, but she was not ready to do so. Shammas returned from abroad last month and sent a talaq letter by registered post to his wife on June 6.
At the time of marriage, the family of Roufi had given 27 sovereigns of gold and Rs 3 lakh to Shammas. The judge ordered to attach property worth `31.8 lakh for returning the gold and money given to the husband at the time of marriage. The court also ordered to pay Rs 15 lakh to the woman as alimony,” Najeeb said.
The order was issued based on section 3 of the Muslim Women (Protection of Right on Divorce) Act, 1986, Najeeb said.
“The order is a rare one in the history of Kerala. The Kerala High Court had issued a judgment that if the man who issues triple talaq doesn’t own property, the assets of his parents can be attached. So the judge issued the order to attach the property of Shammas’ parents,” Najeeb said.