இந்து இளைஞ்னை பார்க்க முஸ்லீம் பெண்ணுக்கு தடை. குஜாராத்தில் நீதிமன்ற முடிவு
Sharia upheld in Modi’s Gujarat, girl told to stay away from Hindu lover
Saeed Khan, TNN 14 August 2009, 03:54am IST
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AHMEDABAD: A court in Gujarat’s Bhavnagar has preferred the sharia to the Criminal Procedure Code while sending a married Muslim girl to a remand
home to keep her away from her Hindu boyfriend. A higher court struck down the order within days.
Magistrate N P Saiyed said Shabana Rathod, 21, should spend time in a remand home for women as per the ‘‘Mohammedan law’’ of observing ‘iddat’ — a period of four months and ten days following a divorce or death of her husband, when a woman has to keep herself in isolation and not meet any man except her sons, brother or father.
Shabana got married to Altaf Hussain Saiyed, a resident of Vallabhipur in June, but left him for Jitendra alias Kano Bariaya after two months. Altaf filed a complaint of kidnapping but Shabana came to Vallabhipur police station within days, along with Jitendra, and promptly secured a divorce.
Soon after, Shabana’s mother Mumtaz filed a complaint saying her daughter was not following ‘iddat’. On July 29, the magistrate in an interim order asked Shabana to be kept at a Nari Sanrakshan Gruh for the period of ‘iddat’, turning down Shabana’s plea that since her marriage with Altaf was not consummated, ‘iddat’ was not applicable, as per sharia. Shabana filed a revision petition in Bhavnagar district court, saying her confinement was ‘‘illegal’’ and violative of Section 97 of CrPC. The sessions judge then stayed magistrate Saiyed’s order, observing that it was against the provisions of CrPC and Shabana was released on Tuesday after a two-week stay in the remand home.
The case will now be heard at Ahmedabad HC on September 1.
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