Page 33 - PR Communication Age MAY 2016
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for divorce as it is "destructive of the  "Muslim women have been given             political person from a government -
matrimonial bond", the Delhi high         talaq over Skype, Facebook and even       Centre or state - can feature in the
court has ruled.                          text messages. There is no protection     advertisements. However, the PM and
                                          against such arbitrary divorce. They      CM's picture can be published together
The court upheld a divorce granted by     have their hands tied while the guillo-   in an advertisement.
a family court in 2012 to a man who       tine of divorce dangles perpetually
said he was subjected to cruelty by his   ready to drop at the whims of their       Maintenance is not for lazy
wife for being overweight and his al-     husbands who enjoy undisputed             idles
leged failure to satiate her sexual de-   power," Shayara Bano's petition said.
sires. The woman challenged the order                                               Observing that the law neither helps
in the high court.                        Bano, who was divorced through triple     the lazy nor does it want an army of
                                          talaq after 13 years of marriage, said    self made lazy idles, a family court has
"The calling of names and hurling of      in her plea that "such discrimination     rejected a Mumbai-based BSc
abuses such as 'Haathi', 'Mota Haathi'    and inequality expressed in the form of   graduate's plea seeking interim main-
and 'Mota Elephant' by the appellant      unilateral triple talaq is abominable."   tenance from her farmer husband.
(woman) in respect of her husband -
even if he was overweight, is bound to    Her petition was taken up along with      "A lady who is fighting a petition filed
strike at his self respect and self es-   the suo motu proceedings initiated by     for divorce cannot be permitted to sit
teem," justice Vipin Sanghi said.         the apex court to examine the need to     idle and to put burden on the husband,
                                          protect Muslim women.                     demanding alimony from him during the
The woman had contended the family                                                  pendency of the petition. Section 24
court relied on "vague and non-spe-       CM, Ministers can be fea-                 (relating to maintenance) is not meant
cific" allegations while granting the     tured in Govt. Ads                        to create an army of persons who will
divorce. She argued he failed to give                                               sit idle waiting for a dole to be awarded
specific instances of alleged cruelty     The Supreme Court has allowed publi-      by her husband," the court said.
with dates, time and particulars.         cation of photos of chief ministers and
                                          governors besides Union and state         In her petition the woman alleged that
The high court, however, rejected this    ministers in advertisements, modifying    her husband had treated her with cruelty
argument. "When two parties are in a      its own verdict from last year that only  and failed to provide her basic day-to-day
marital relationship, neither is ex-      the President, Prime Minister and         needs. She further claimed that her par-
pected to maintain a logbook and note     Chief Justice of India could feature in   ents were very poor and they did not
down therein each and every instance      government advertisements.                have the capacity to maintain her. The
of matrimonial offence committed by                                                 woman said that he owned an electron-
the other," justice Sanghi said.          The relaxation comes at a time when       ics store and earned a monthly income of
                                          the model code of conduct is already in   Rs 80,000. She sought an interim main-
Triple Talaq over arbitrary               place in poll-bound Bengal, Tamil Nadu    tenance of Rs 15,000 per month.
medium to be examined                     and Assam. All three had challenged the
by SC                                     apex court's order last May along with    The husband, who is based in a village
                                          the Centre and four other states.         in the state, countered her claims and
The Supreme Court has decided to ex-                                                said that due to the scarcity of rain he
amine the legality of triple talaq by     A bench of Justices Ranjan Gogoi and      had lost his income from agriculture.
entertaining a Muslim woman's petition    P C Ghose, however, imposed a rider,      He also alleged that it was the woman
that this mode of divorce be declared     a minister's photo could be published     who had deserted him as she did not
unconstitutional as it allowed Muslim     only in place of the PM's or chief        want to live in the village and was now
men to treat women like "chattel".        minister's image. This means only one     living in a multistory home.

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