PERSONAL LAW

Supreme Court On Muslim Divorcee's Right

Secretary, Tamil Nadu Wakf  Board and another, Appellants v. Syed Fatima Nachi, Respondent.

M.M. PUNCHHI AND Mrs. SUJATA V. MANOHAR, JJ.

Muslim Women (Protection of Rights on Divorce) Act(25 of 1986), Section 4(1)(2) - Grant of maintenance to divorced Muslim woman - Proceeding for - She is entitled to plead and prove relevant facts in one proceeding as to inability of her relations mentioned in sub-section (1) to maintain her by directing her claim against State Wakf Board in first instance - She is not required to proceed against her relatives mentioned in sub-section (1) first in the order they are mentioned and then finally to initiate proceeding against Wakf Board - Provision is on integrated whole.(Source: AIR 1996 Supreme Court 2423)

Shobha De on Mixed Marriage

There seems to be something terribly odd about the Azhar-Ayesha marriage. Mr. Bijlani had hotly denied that his daughter was planning to convert to Islam in Hyderabad the very next day after a ceremony in Mumbai.

Azhar pushed off with "Bijli" keeping the father of the bride completely in the dark. But his own Daddy-O was obviously taken into confidence since he was around to shower his blessings on the deliriously happy twosome. Mrs. Azharuddin's conversion was facilitated by an official of the Andhra Pradesh Waqf Board.

It was really Mr. Bijlani's emphatic statements to the press that have drawn attention to the (Nikaah). Had he kept his trap shut and not banged on about "no conversion", "mutual respect for each other's religious beliefs", "registration is best under the circumstances”, we have deliberately chosen the Special Marriages Act."Who was he kidding ... or worse ... misleading? Unless the whole thing came up later. Hindsight and all that ...When the people concerned happen to be high-profilers who have chosen to conduct their romance, divorcé and marriage in a far-from-private manner, the element of accountability cannot be shrugged away. They do owe everybody some form of an explanation considering the various complicated issues at stake. The Azhar-Sangeeta nikaah is likely to hot up into a national debate about the ethics of quickie conversions for reasons that exclude a deep and abiding commitment to the new faith. Sharmila Tagore did it over two decades ago, but her decision was a clearly stated one without a cloud of controversy. Nobody from her family rushed into print with a contradictory version. And she herself went about her life quietly and with dignity. It remains to be seen how Sangeeta deals with her new role and adopted religion.

BJP Survey among Muslim Women On Uniform Civil Code

The BJP conducted a survey of 1000 Muslim women through a questionnaire ... to have their points of view on various aspects concerning the introduction of the Uniform Civil Code in India Muzaffarpur and Mumbai (they) included housewives, students, working women and labourers.

The survey indicates that 87% of the women favour one law for women of different religions in the country. Only 13% women want separate laws. In response to the question, whether women should have equal rights like men in matters of taking decision concerning their way of living, 66% answered 'yes' and34% said 'no'. Should in a civilized society, there be more than one marriage? 97.5% replied it is undesirable, but 2.5%felt it was all right. On the same grounds of divorce forboth men and women, 85.5% opined in the affirmative, and14.5% were against it, who wanted the reasons to bedifferent.99% women affirmed that divorce should not be left at the will of men only.

97% women favoured liberalization of law concerning subsistence allowance and increase in the amount. 99% expressed that payment of subsistence allowance is only the responsibility of the husband. 98%women favoured the law for adoption of children by childless couple/widow/single and unmarried women. The survey reaffirms the view of the BJP Mahila Morcha that Muslim women are in favour of Uniform Civil Code.(Source: The Nari Shakti Special, 3 November, 1996).

Ameena: A Forgotten Woman

Five years after she was pitch forked to international fame, when poverty drove her family to marry her to an old Arab Sheikh, "Hyderabad's child-bride", Ameena is now a forgotten girl. ... Well past her troubled childhood, she is allof 18 now. Despite her stubborn (refusal to marry) her parents are desperately searching for a suitable match. Ameena keeps herself busy with the painstaking zari embroidery work on sarees. "It takes about four to five days to complete a saree". Each saree fetches her Rs.50, supplementing her meagre family income.

When rescued, she was literally promised the moon, from foreign currency to education and job. But the family continues to live in a state of penury.

All that she got was a sewing machine from the Mahila Dakshata Samithi and a telephone connection sanctioned by Mr. Rajesh Pilot (as) the Communications Minister. We are unable to pay rent. Our repeated appeal to change this telephone to that of a public STD or a local call office has fallen on deaf ears"

"It was sheer poverty that forced me to perform Ameena's marriage to the ... Arab. I was not in a position to pool Rs. 60,000 to Rs.70, 000 required for meeting the demands of the local bridegrooms".