Talaq over phone, by SMS not valid…..
……This the connection of the real story…that former Haryana deputy chief minister Chand Mohammad divorced his wife Fiza over thephone from London , anoted Islamic scholar termed the move as a “ brazen absurdity' t’at couldn’t be inducted into the devorce procedure priscribed by Islamic law.
…. “The Talaq (Divorce) given on landline or mobile phone, or by SMS is a brazen absurdity that cannot be givaen effect under the Indian law which is based on sound jurisprudential principles.” Law commission member Tahir Mahmood told H.T. …. Famous Indian news paper.
…. He further said….” Under the law of India as settle by the Supreme court in the selebrated Shamim Ara case of 2002, a Talaq can have the effect of dissolving the marriage only if the man satisfies the court through legally tenable evidence that he properly ‘ pronounced’ it strictly in accordance with the procedure priscribed by Islamic law.”
…..About Chand Mohammad, Mahmood said his second marriage to Fiza was despite their ‘pretended conversion to Islam’ void abinitio( non-existent right from beginning) under the Indian law.
……..Maintaning that divorce pre-supposes existence of a valid marriages , he said, “ To discuss the effect of telephonic talaq on his ( Chand Mohammad’s) second marriage is an exercise in fultility.”
……….If a married Hindu during the subsistence of his first marriage embraces Islam and contracts a second bigamous marriage, it is illegal and punishable under the Indian penal Code even if conversion is absolutely genuine…. This is the current Indian law as settled by the supreme court in the 1995 Sarla Mudgal case….. and it conforms to the true Islamic law on polygamy,”… he said.
……….This is the good news for both….Hindus and Muslims of India!