Muslim wife beater claims domestic violence Act not applicable to him since he married under sharia law

Mail Today, 17 June 2011


It’s Sharia versus law

By Naziya Alvi in New Delhi

Muslim wife beater claims community is above domestic violence Act

A MUSLIM man has challenged the allegations of domestic violence by his wife on the ground that since he was married under the Sharia law, the domestic violence Act is not applicable to him.

Syed Nadeem, in his petition before the Delhi High Court, claimed that the Muslim marriages solemnised under the Sharia Act are not “ governed” by other laws. “ For Muslims there are Muslim laws — the Sharia Act and the Muslim women ( protection of rights on divorce) Act, 1986,” Nadeem said in his petition.

Nadeem also sought a stay on a lower court order to pay a monthly maintenance of ` 8,000 to his estranged wife, Naziya Nizami, which was rejected by the vacation bench of justice Rajiv Sahai Endlaw.

Admitting Nadeem’s petition, justice Endlaw issued a notice to the Delhi Police returnable by July 18. He also asked the petitioner to submit the maintenance amount in the court before the next date of hearing.

Counsel for Nadeem, K. K. Manan, claimed that the respondent ( Naziya) is not eligible to claim maintenance, as per the Sharia Act, as Nadeem had divorced her way back in September 2009.

“ Even if we follow the precedent of the Shah Bano case, a Muslim woman is only eligible for maintenance until she observes her Iddat ( the waiting period after the cessation of Nikah during which a woman is not allowed to re- marry till the prescribed period of 90 days is over),” Manan argued.

Nadeem has also claimed that his wife filed the case of domestic violence against him a few days after he sent her the talaaqnaama . The petitioner also claimed to have already offered Nizami the Meher ( dower) amount.

“ The provisions of the domestic violence Act, 2005, are not applicable to divorced women.

The marriage between the petitioner ( Nadeem) and Nizami had been dissolved before the case was filed,” Manan contended.

of the domestic violence Act and hence should not be allowed,” he said.

Noted lawyer Meenakshi Lekhi said Nadeem’s contention was against the constitution, arguing that the criminal and the civil code of the country are common to every citizen. “ Right to life and the right to defend oneself against violence are guaranteed by the Constitution, irrespective of gender, caste and religion,” she said.

She also rejected the application of the Shah Bano case, with respect to maintenance. She said there were many apex court judgments that support maintenance for Muslim woman.

Tarun Goomber, a noted divorce lawyer, said there are judgments from the Andhra Pradesh and Bombay High Courts which maintain that divorced Muslim women cannot claim maintenance from their husbands. “ So, the verdict will depend on the merits of the case,” he added.