AHMEDABAD: Shama Malek received a post from her husband which had 'talaq' written three times in it and the letter had signatures of two witnesses to process the divorce. However, she refused to accept this letter as divorce and instead approached the court demanding alimony from her husband.
Shama (21) and Sajjad Malek (26), an autorickshaw driver, got married on March 10, 2007. The couple was living in a joint family arrangement in Danilimda till May last year, until she was driven out of the family allegedly for not meeting a dowry demand of Rs 50,000 from her in-laws. After alleged mental and physical torture from her inlaws, Shama went back to her parents in Juhapura locality. During her stay at her parents' home, she continued to receive calls from her in-laws demanding dowry. A month later, she received a post from Sajjad through registered AD, with triple talaq and signatures of two witnesses written in the letter.
Shama refused to accept talaq in this form and approached the police and lodged a criminal complaint against her in-laws accusing them of harassment and demanding dowry. This was followed by institution of a maintenance suit with the family court under section 125 of CrPC. Shama claimed that Sajjad was earning nearly Rs 15,000 every month by driving an autorickshaw and dealing in automobile business. She sought Rs 5,000 towards maintenance every month.
Whether this talaq by post is valid or not, and whether Shama is eligible for alimony, this issue is slated to be discussed in the family court of judge A P Shah on July 15.