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Couple moves SC to be together
January 05, 2006 04:04 IST
A couple who lost conjugal rights after the husband allegedly uttered the word talaq thrice before his wife in an inebriated condition has sought Supreme Court's intervention for living together in the wake of stiff opposition from the local community.
The Muslim couple, with four minor children, has approached the apex court after failing to get any relief from the National Human Rights Commission and the Orissa high court.
A three-judge bench of the apex court headed by Justice Ruma Pal on Wednesday issued a notice on the special leave petition by Nizama Bibi and Ser Mohammad challenging the April 18, 2005 order by the high court refusing to intervene in the matter.
In view of opposition by the community, the couple had obtained a compromise decree to stay together from a Cuttack family court, but the order could not be implemented with the police not coming to their help.
The SLP pointed out that Nizama even approached the NHRC and the local police, but got no relief.
A non governmental organisation -- Committee for Legal Aid to the Poor -- filed a writ petition before the high court on their behalf, but the same was dismissed on April 18, 2005.
The couple said in the SLP that the high court ignored the fact that the matter raised an important point of law of general public importance.
The court should have decided whether a section of people from a community could be allowed to interfere with the fundamental rights of individuals, they added.
The couple ran into trouble after the local community informed them that they stood divorced as the husband had uttered talaq thrice during a quarrel on July 15, 2003.
Both the husband, who was drunk, and the wife, however, said that they had no recollection of any such event.