HC directive to Bohra community Jamath on divorce

Considering the plight of the woman, the judge directed the Jamath of Bohra community to register the decree of divorce passed by the competent Court in a suit between the parties, so as to enable the wife to decide her future course of action.

The Madras High Court has directed the Jamath of Bohra community here to register the decree of divorce granted by the competent court in respect of the wife too.

Justice RMT Teekaa Raman gave the direction while passing orders on a batch of revision petitions from an estranged couple belonging to the community, on November 24. The marriage of Abizar N Rangawal with V Sakina was solemnized by the Jamath here in 2005. They had three children. However, following differences, the couple separated. Later the husband pronounced triple 'talaq' over a cell phone and a Family Court here formally granted the decree of divorce in 2012. The man registered the divorce decree with Jamath and later married another woman. But his ex-wife did not/could not, do so.

They had moved the lower court, which directed the husband to pay Rs 10 lakh to Sakina towards compensation and monthly maintenance of Rs. 37,500, with fine amounts. Aggrieved, both moved the High Court with the present revision petitions. While Sakina prayed for more punishment, Abizar contended that the compensation and maintenance was on the higher side.

While the judge reduced the compensation to Rs. 7.50 lakh, he confirmed the quantum of maintenance, including educational expenses of the three children, and the fine amount payable by the man. Considering the plight of the woman, the judge directed the Jamath of Bohra community to register the decree of divorce passed by the competent Court in a suit between the parties, so as to enable the wife to decide her future course of action. Such a direction will meet the ends of justice, the judge said, and left the issue open to Jamath to decide the future course of action regarding the procedure in matters of this kind.

The judge noted that in this case, the Jamath was not a party before this court and it was not expressing any opinion as to the procedure adopted by the Bohra community in the Jamath. It is for Jamath to decide the future course of action in a matter of this kind.

Taking into consideration the factual situation in this case, the judge said the woman should also be given an option to make an entry of passing of the decree by the competent Civil Court in the Jamath register, which was hitherto denied. ''I feel that the woman's right in the above stated situation cannot be denied on the ground of being a woman. Right to declare her marital status is a right of a woman,'' the judge said, adding that such a right cannot be denied on the ground of her sex. The order of decree of dissolution of marriage between parties passed by the Family Court is binding upon the Jamath and thus and in exercise of the powers conferred upon this court under Section 482 of Cr.P.C., this Court directs the Jamath of Bohra community situated in Chennai to register the decree of divorce passed by the competent Court between the parties so as to enable the wife too to decide the future course of action in her life, the judged said.

Such a direction will meet the ends of justice, the judge added.

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