Surat: A case has come to light in the Surat’s family court which makes sense of the saying ‘Mia Bibi Razi To Kya Karega Kazi’. A Muslim couple, who were living separately for the last three years, after the allegation of divorce through Whatsapp, have been reunited through the Surat Mediation Centre on Saturday.
Shoeb (name changed) residing in Udhana was married to Sana (name changed) residing at Saiyedpura as per the Muslim Shariat law on May 7, 2016. A daughter was born to the couple after the marriage named Rabia, who is now three years old.
After a good start to the marriage, the duo entered into a quarrel over petty issues and things went out of control. Sana, who was tormented by the daily fights, decided to leave her husband and went to live with her parents in Saiyedpura.
After few days, Sana filed alimony and dowry-related cases against her husband through advocate Ashwin Jogadia in the Surat Family court.
On the other hand, Shoeb hired advocate Hiral Panwala and filed a guardian application and restitution of conjugal rights to restore his marriage. Meanwhile, it was alleged that Shoeb had ‘divorced’ his wife through a WhatsApp message.
Later all the cases came up on the board at the Surat Family court. On every hearing date, the couple would meet in the court premises, and that they showed a willingness to live together.
However, looking at the possibility of reconciliation between the duo, the Surat Family court transferred the case to the Surat Mediation center.
Through the efforts of mediator Nitaben Patel and advocates—Hiral Panwala and Ashwin Jogadia–both agreed to start their married life afresh. However, the issue of ‘divorce’ played a crucial role in the reconciliation bid between the duo.
Advocate Ashwin Jogadia told TBT, “According to Muslim law, once the husband and wife get divorced, the wife has to go through the process of ‘Halala’ for remarriage. This was the biggest hurdle that we faced during the reconciliation process of Shoeb and Sana. When we inquired whether Shoeb has given divorce through Whatsapp, he said that he did not give any divorce. Shoeb filed an affidavit in this connection that he did not give divorce to his wife through Whatsapp”
Jogadia added, “The biggest hurdle of Halala was over as Shoeb filed the affidavit confirming the same. With the efforts of mediator Nitaben Patel, the couple was reunited. The couple have withdrawn all the cases against each other and that they have started living happily with their three-year-old daughter”
In Islam, if the couple wants to remarry after divorce, the wife has to go through the process of ‘Nikah Halala’!
Advocate Ashwin Jogadia said that if a man divorces his wife three times—after following the complete procedure, not by instant divorce—she becomes haram for him. If they wish to remarry, the woman is required to marry another man who must then divorce her after the marriage is consummated. This is called ‘Nikah Halala’.