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Divorce granted by Church Court will not be valid as it cannot override the Law: Supreme Court

The Supreme Court ruled out a plea to legalise Canon Law, which is the personal law for emancipation for the Catholics where church court allows separation

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A Church in India, Pixabay

New Delhi, Jan 19, 2017: The Supreme Court ruled today,  Divorce which is granted by the ecclesiastical tribunal under Christian personal law will not be valid as it cannot override the law, rejecting a PIL that asked for according legal sanction to such annulments granted by the Church Court.

The plea lodged by Clarence Pais, a former president of a Karnataka Catholic association was dismissed by a bench comprising Chief Justice J S Khehar and Justice D Y Chandrachud, saying this matter has been settled in its 1996 verdict delivered in the Molly Joseph versus George Sebastian case, mentioned PTI.

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“Canon Law (personal law of Christians) may have theological or ecclesiastical implications to the parties. But after the Divorce Act came into force, a dissolution or emancipation granted under such personal law cannot have any legal impact as statute has provided a different procedure and a different code for divorce or annulment,” the apex court had given out its verdict.

In his PIL filed in 2013, Pais had said the divorce allowed by a Church, set up under its personal law, should be considered valid under the Indian common law as was done in the case of Muslims when it comes to ‘triple talaq’.

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Former Attorney General Soli Sorabjee who appeared for Pais, had mentioned that when oral ‘triple talaq’ could get legal sanctity for granting divorce to Muslim couples, why could Canon law decrees not be made legal on courts of law.

According to his allegations, many Catholic Christians, who married after getting divorce from Christian courts were subject to criminal charges of bigamy as such separations are not recognised by the criminal and civil courts.

Pais, in his plea, had stated, “It is reasonable that when the courts in India recognises dissolution of marriage (by pronouncing the word talaq three times) under Mohammedan Law which is Personal law of the Muslims, the courts should also recognise for the purpose of dissolution of marriage Canon Law as the personal law of the Indian Catholics.”

The plea also pointed out that Canon Law is the personal law of Catholics and has the right to be applied and enforced by a criminal court while looking into a case under section 494 (bigamy) of IPC.

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“This is also applicable for sanction of prosecution considered for alleged bigamy of a Catholic spouse who has married after obtaining a decree for nullity of the first marriage from the Ecclesiastical Tribunal (Christian court),” the plea had stated.

The Centre, however, had protested the plea saying Canon law cannot be accepted to override Indian Christian Marriage Act, 1872 and Divorce Act, 1869.

– prepared by Durba Mandal of NewsGram. Twitter: @dubumerang

 

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Muslim Man Divorces Twelve Wives, Murders the Thirteenth; How Safe are Married Muslim Women under the Religious Law?

How is the government planning to protect the married Muslim women in the country, who are often desolated by their husbands?

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MUSLIM MAN
How safe are Muslim women? Wikimedia

Uttar Pradesh, October 9, 2017: Whoever said the number thirteen is unlucky was right. A horrific case of a Muslim man brutally murdering his wife has now come forward.

According to reports, police have arrested Mohammad Mustkeem, a resident of Raebareli, a small town in northern India’s Uttar Pradesh after he allegedly murdered his 13th wife.  While cases of murders within marriages are not new, this particular case is extremely peculiar.

Mustkeem is a practising Muslim and had been married thirteen times. While he had divorced all his former twelve wives, the thirteenth wife was cruelly hacked to death.

The victim and Mustkeem had been married for over four years and also had a three-month-old child. However, the two were believed to fight a lot, because of which Mustkeem had been contemplating another divorce.

But before the 13th divorce could happen, the victim went missing, which created alarm in the Pure Kale Khan locality in the district. Upon search, her body was recovered from the fields near Chulamau village in the district.

According to the police, the victim’s body bore several injury marks that indicate that she had been tortured and strangled to death.

Consequently, the police arrested Mohammad Mustkeem on charges of murdering his own wife.

While no official information has been obtained as of now, locals believe Mustkeem was planning to re-marry for the fourteenth time and had even sought a bride.

While we condemn the victim’s murder, the case involving Mustkeem and his multiple wives has once again brought Triple Talaq under the spotlight, which had been rife in the country till the past few weeks.

Before the verdict was announced on the declaration of Triple Talaq as unconstitutional, census figures revealed that for every Muslim man divorced in India, four Muslim women had been previously divorced. This is also evident from Mustkeem and his former 12 wives.

As per the law, Muslim men could divorce their wives for any possible trivial reason. By contrast, the woman was expected to almost always avail the husband’s consent for a divorce. This robbed women the right to have a say, and to have a secure livelihood and instead granted men the permission to blatantly indulge in matrimony, which is evident from Mustkeem’s life.

While a constitutional ban on the practice has gathered mix responses, the question remains how the change will seep down to the very roots of the society. And how is the government planning to protect the married Muslim women in the country, who are often desolated by their husbands? Until then, cases like Mustkeem and his twelve divorced wives can be expected to continue making headlines.

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Indian Muslim Should Embrace The Triple Talaq Verdict, As It Outlaws the Radical Religious Side

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Triple Talaq
End of Triple Talaq. IANS

by Frank F. Islam

Sep 21, 2017 (IANS): On August 22, the Supreme Court ruled that triple talaq — the practice which allows a man to divorce his wife instantly by saying the word talaq thrice — is unconstitutional. Predictably, the ruling was denounced by a number of Muslim leaders and organisations. Some interpreted it as an attack on their religion and way of life. Others saw a conspiracy angle in the importance given to an issue.

This perspective is desperate and distorted. This perspective is not only wrong but also wrong-headed, misplaced and misguided.

I applaud this judgement because I strongly believe that Muslim instant divorce is illegal and incorrect in many ways. Instant divorce is deplorable, disgraceful and shameful. In addition, it is demeaning, demonising, disheartening and demoralising to Indian Muslim women.

Most importantly, as one of the judges pointed out, triple talaq is against the basic tenets of the Quran. Recognising this, many Islamic countries, including two of India’s large Muslim neighbours — Pakistan and Bangladesh — have abolished the practice.

In addition, it is unconscionable to think that a man should be allowed to banish a woman to whom he is married — who is also the mother of his child or children, in many cases — by uttering a word three times, with no consequences. Triple talaq is also inherently discriminatory in that only a man has that “right” — a Muslim woman cannot end the marriage in a similar way.

Also Read: One India, One Law: End of Triple Talaq 

Over the years, some Muslim organisations have rationalised triple talaq by arguing that divorce rates within their community are quite low compared to other religious groups. It affects less than a third of a per cent of Muslim women, they argue. This is neither a sound legal nor moral argument. Even if one concedes that instant divorce affects only a minuscule population, injustice should never have legal sanction, regardless of how many people are affected.

The triple talaq ruling, the result of a decades-long campaign by women’s rights groups, was a historic verdict. With the stroke of a pen, the judges made illegal a practice that over the decades has ruined the lives of countless Indian Muslim women.

In the absence of a comprehensive study among Indian Muslim women, it is not known how many of them have been divorced in this manner. A 2013 survey of Muslim women in 10 Indian states by the Bharatiya Muslim Mahila Andolan, an advocacy group that fights for the rights of Indian Muslims, found that triple talaq was the most common mode of divorce among those surveyed.

Of the 4,710 women sampled in the survey, 525 were divorcees. Of them, 404 were victims of triple talaq. More than 80 per cent of them did not receive any compensation at the time of divorce.

Two of the five judges that delivered the triple talaq judgment differed on the constitutionality of practice. The bench was in unanimous agreement, however, in asking the government to enact within six months legislation to govern Muslim marriages and divorces.

India’s justice system has numerous drawbacks. It often takes decades for courts to deliver justice. In this instance, the Supreme Court should be applauded for delivering a correct judgment in a timely manner.

The ball is now in the government’s court. It is up to people’s representatives to come up with policies that will change the lives of Muslim women for the better.

Equitable legislation on Muslim marriages and divorces should be just the starting point. The central and state governments must craft policies that empower women belonging to all castes, creeds and religions. Such policies should focus on educating women, developing their skills and making them part of the work force. Empowerment of this type will allow them to pursue and create their own destiny. It will lead to financial independence. In addition, it will promote the security and stability of women and will build their self-esteem and confidence.

India’s Muslim community should embrace the Supreme Court verdict. They should join together to say: End triple talaq. End triple talaq. End triple talaq. They should leverage the verdict as an opportunity to advocate for and bring about much-needed reforms related to women’s rights. (IANS)

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Mahalaya: Beginning of “Devipaksha” in Bengali Celebration of ‘Durga Puja’

“Mahalaya” is the auspicious occasion that marks the beginning of “Devipaksha” and the ending of “Pitripaksha” and heralds the celebration of Durga Puja

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Mahalaya morning in Kolkata. Flickr
  • Mahalaya 2017 Date: 19th september.
  • On Mahalaya, people throng to the holy river Ganges in order to pay homage to their ancestors and forefathers; which is called ‘Torpon’
  • Mahalaya remains incomplete without the magical chanting of the scriptural verses from the ‘Chandi Kavya’ that is broadcasted in All India Radio
  • The magic is induced by the popular Birendra Krishna Bhadra whose voice makes the recitation of the “Chandi Kavya” even more magnificent

Sept 19, 2017: Autumn is the season of the year that sees the Hindus, all geared up to celebrate some of the biggest festivals of India. The festive spirit in the Bengalis all enthused to prepare for the greatest of the festivals, the ‘Durga Puja’.

About Mahalaya:

Mahalaya is the auspicious occasion that marks the beginning of “Devipaksha” and the ending of “Pitripaksha,” and this year it is celebrated on September 19.

Observed exactly a week before the ‘Durga Puja’, Mahalaya is the harbinger of the arrival of Goddess Durga. It is celebrated to invoke the goddess possessing supreme power! The goddess is invited to descend on earth and she is welcomed with devotional songs and holy chants of mantras. On this day, the eye is drawn in the idols of the Goddess by the artisans marking the initiation of “Devipaksha”. Mahalaya arrives and the countdown to the Durga Puja begins!

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The day of Mahalaya bears supreme significance to the Bengalis. The day is immensely important because on this day people throng to the holy river Ganges in order to pay homage to their ancestors and forefathers. Clad in white dhotis, people offer prayers and take dips in the river while praying for their demised dear ones. The ritual is popular as “Torpon”.

Mahalaya
An idol-maker in progress of drawing the eye in the idol of the Goddess. Wikipedia

As per Hindu myth, on “Devipaksha”, the Gods and the Goddesses began their preparations to celebrate “Mahamaya” or Goddess Durga, who was brought upon by the trinity- Brahma, Vishnu, and Maheshwara; to annihilate the fierce demon king named Mahishasura. The captivating story of the Goddess defeating the demon got popularized with the goddess being revered as “Durgatinashini” or the one who banishes all the evils and miseries of the world. The victory of the Goddess is celebrated as ‘Durga Puja’.

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Mahalaya remains incomplete without the magical chanting of the scriptural verses from the ‘Chandi Kavya’ that is broadcasted at dawn in All India Radio in the form of a marvelous audio montage enthralling the souls of the Bengalis. Presented with wonderful devotional music, acoustic drama, and classical songs- the program is also translated to Hindi and played for the whole pan-Indian listeners.

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Mahalaya
Birendra Krishna Bhadra (1905-1991). Wikipedia

The program is inseparable from Mahalaya and has been going on for over six decades till date. The magic is induced by the popular Birendra Krishna Bhadra whose voice makes the recitation of the “Chandi Kavya” even more magnificent! He has been a legend and the dawn of Mahalaya turns insipid without the reverberating and enchanting voice of the legendary man.

Mahalaya will keep spreading the magic and setting the vigor of the greatest festival of the Bengalis- the Durga Puja, to worship the supreme Goddess, eternally.

                 “Yaa Devi Sarbabhuteshu, Shakti Rupena Sanhsthita,

                     Namastaswai Namastaswai Namastaswai Namo Namaha.”

– by Antara Kumar of NewsGram. Twitter: @ElaanaC