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IS

DIVORCE
&
POLYGAMY
increasing among
MUSLIMS ?
Reality or Myth

Authentic data collected from different family courts


(Under RTI)

Prepared & Compiled by

MUSLIM MAHILA RESEARCH KENDRA


in Co-ordination
SHARIAH COMMITTEE FOR WOMEN
IS
DIVORCE
&
POLYGAMY
increasing among

MUSLIMS ?
Reality or Myth
Authentic data collected from different family courts
(Under RTI)

Prepared & Compiled by

MUSLIM MAHILA RESEARCH KENDRA


in Co-ordination with
SHARIAH COMMITTEE FOR WOMEN
301, Mahmood Apts., Shantinagar, Hyderabad- 28 Ph: 66632672/73
3

Is the Divorce & Polygamy


increasing among Muslims ?

India is a secular country, all religions minorities are


guaranteed freedom of religion under the constitution of
India. The present central government is targeting the
rights of Minorities and the attempts is to interfere into the
Muslim Personal Law. Since last 21/2 years, there has been
lot of debate in print & electronic media to project rising
divorce rate in muslim community which is totally false &
untrue.
Many so called Muslim women organisations
presented false concocted data to propose changes in
Muslim Personal Law.
Muslim Mahila Research Kendra in Coordination with
Shariah Committee for women tried to get details from
family courts of muslim concentrated districts MCD. This
study was started in May 2016.
Applications were given to get detailed statistics of
Divorce maintenance.Dowry cases of Hindus, Muslim,
Christians women since last 5 years 2011-2016. Letters
were sent to 60 MCDs. Only 16 family courts gave
4

detailed consolidated report. Many family court refused to


give data religion wise still the data obtain from 16 districts
muslim concentrated is a reflection of the rate of divorce in
the Muslim, Hindu, Sikh & Christian population.
As all divorce are not triple Talaq the present data is an
answer to the fascists forces who are making hue and cry of
Triple Talaq. The present data states minimal divorce rates
in Muslim Community.
This Booklet also contains datas from Jama Masjid
committees and Darul Qazas across India. It also contains
research work of Abu Saleh Sheriff Indo US Policy
Institute, Zoya Hasan Jawaharlal Nehru University,
Articles of Apoorva Dutt (Hindustan Times) & Jyothi
Thatte (Policy times).
MMRK has been conducting surveys and research
study on social educational, religious matters related to
Muslim Community and Women since last 18 years.
5

Female Population - Census 2011


LOCATION HINDU MUSLIMS CHRISTIANS SIKH
THRISSUR 875252 255762 363592 0
PALAKKAD 963438 425592 58054 93
ERNAKULAM 764158 259441 634302 360
MALLAPURAM 580029 1527278 39925 0
KASARAGOD 375556 233718 233718 103018
KOZIKHODE 287501 106375 NA NA
KANNUR 797778 407260 132418 0
KURNOOL 151504 233708 NA NA
KISHANGUNJ NA NA NA NA
NASHIK 2524311 339150 12048 4003
KARIMNAGAR 869291 122176 12807 1020
GUNTUR 2110508 280077 46267 336
SECUNDERABAD 131796 23979 8519 852

Divorced Women 2011 to 2016 - 5 Yrs Obtained From RTI


LOCATION HINDU MUSLIMS CHRISTIANS SIKH
THRISSUR 2717 596 388 NA
PALAKKAD 3400 1 5 0
ERNAKULAM 4165 50 14 0
MALLAPURAM 998 60 154 0
KASARAGOD 1847 300 208 NA
KOZIKHODE 3700 487 398 NA
KANNUR 2434 220 3442 NA
KURNOOL 476 13 30 NA
KISHANGUNJ NA 57 NA NA
NASHIK 675 1 5 3
KARIMNAGAR 601 50 14 1
GUNTUR 2090 60 154 0
SECUNDERABAD 2142 35 608 4
TOTAL 25245 1930 5420 8

STATSTICS Obtained Under RTI Act from Family Court


6

Divorced Women 2011 to 2016


0.02% SIKHS
CHRISTIANS
16.62%

MUSLIMS 5.91%

77.43%
HINDUS

RELIGION HINDU MUSLIMS CHRISTIANS SIKH


72.88%
TOTAL 16,505 1,307 4,827 8
HINDUS
PERCENTAGE 77.43% 5.91% 16.62% 0.02%

DIVORCED PERCENTAGE
Female Population
LOCATION HINDU MUSLIMS CHRISTIANS SIKH
KANNUR 0.31 0.05 0.33 0.00
NASHIK 0.03 0.00 0.04 0.07
KARIMNAGAR 0.03 0.04 0.11 0.10
GUNTUR 0.10 0.02 0.33 0.00
SECUNDERABAD 1.63 0.15 7.14 0.47
MALLAPURAM 0.17 0.03 0.08 0.00
ERNAKULAM 0.55 0.08 0.54 0.00
PALAKKAD 0.35 0.06 0.22 0.00
KURNOOL 0.31 0.03 0.00 0.00
KISHANGUNJ NA NA NA NA
KARIMNAGAR 0.069 0.04 0.11 0.1
GUNTUR 0.1 0.02 0.33 0.0
SECUNDERABAD 1.63 0.5 7.14 0.47

STATSTICS Obtained Under RTI Act from Family Court


7

THRISSUR
Kerala
Divorced Percentage / Female Population
1.0%
-
- HINDU
-
0.31% MUSLIM
-
- CHRISTIANS

- 0.23% SIKH
- 0
-
HINDU MUSLIM CHRISTIANS SIKH

THRISSUR HINDU MUSLIMS CHRISTIANS SIKH


FEMALES 875,252 255,762 363,592 360
DIVORCED 2717 596 388 0
PERCENTAGE 0.31% 0.23% 1.0% 0

KASARGOD
Kerala
Divorced Percentage / Female Population
0.49%
-
-
0.20%
HINDU
-
MUSLIM
-
- CHRISTIANS

- 0.12% SIKH
- 0
-
HINDU MUSLIM CHRISTIANS SIKH

KASARGOD HINDU MUSLIMS CHRISTIANS SIKH


FEMALES 375,550 233,708 103,018 0
DIVORCED 1847 300 208 0
PERCENTAGE 0.49% 0.12% 0.20% 0

STATSTICS Obtained Under RTI Act from Family Court


8

KOZIKODE
Kerala
Divorced Percentage / Female Population
1.28%
-
- HINDU
-
MUSLIM
-
- CHRISTIANS

- 0.45% SIKH
-
-
HINDU MUSLIM CHRISTIANS SIKH

KOZIKODE HINDU MUSLIMS CHRISTIANS SIKH


FEMALES 287,501 106,375 NA 0
DIVORCED 3700 487 398 0
PERCENTAGE 1.28 % 0.45% NA 0

KURNOOL
Andhra Pradesh
Divorced Percentage / Female Population

-
0.31%
- HINDU
-
MUSLIM
-
- CHRISTIANS

- 0.03% SIKH
- 0
-
HINDU MUSLIM CHRISTIANS SIKH

KURNOOL HINDU MUSLIMS CHRISTIANS SIKH


FEMALES 151,504 233,708 0 0
DIVORCED 476 13 30 0
PERCENTAGE 0.31% 0.03% 0 0

STATSTICS Obtained Under RTI Act from Family Court


9

SECUNDERABAD
Telengana
Divorced Percentage / Female Population
7.14% HINDU
-
- MUSLIM

- 1.63% CHRISTIANS
- 0.47% SIKH
-
- 0.15%
-
-
HINDU MUSLIM CHRISTIANS SIKH

SECUNDERABAD HINDU MUSLIMS CHRISTIANS SIKH


FEMALES 1,31,796 23,979 8,519 852
DIVORCED 2142 35 608 4
PERCENTAGE 1.63% 0.15% 7.14% 0.47%

MALLAPURAM
Kerala
Divorced Percentage / Female Population
0.17%
-
0.08%
- HINDU
-
MUSLIM
-
- CHRISTIANS

- 0.03% SIKH
- 0
-
HINDU MUSLIM CHRISTIANS SIKH

MALLAPURAM HINDU MUSLIMS CHRISTIANS SIKH


FEMALES 580,029 1,527,278 39,925 0
DIVORCED 998 493 32 0
PERCENTAGE 0.17% 0.03% 0.08% 0

STATSTICS Obtained Under RTI Act from Family Court


10

ERNAKULAM
Kerala
Divorced Percentage / Female Population
0.55%
- 0.54%
- HINDU
-
MUSLIM
-
- CHRISTIANS

- 0.08% SIKH
- 0
-
HINDU MUSLIM CHRISTIANS SIKH

ERNAKULAM HINDU MUSLIMS CHRISTIANS SIKH


FEMALES 1764,158 259,441 634,302 360
DIVORCED 4165 220 3442 0
PERCENTAGE 0.55% 0.08% 0.54% 0

PALAKKAD
Kerala
Divorced Percentage / Female Population
0.35%
-
- 0.22% HINDU
-
MUSLIM
-
- CHRISTIANS

- 0.06% SIKH
- 0
-
HINDU MUSLIM CHRISTIANS SIKH

PALAKKAD HINDU MUSLIMS CHRISTIANS SIKH


FEMALES 963,438 425,592 58,054 93
DIVORCED 3400 239 129 0
PERCENTAGE 0.35% 0.06% 0.22% 0

STATSTICS Obtained Under RTI Act from Family Court


11

KARIMNAGAR
Telengana
Divorced Percentage / Female Population

0.11%
-
- HINDU
-
MUSLIM
-
- 0.069% CHRISTIANS

- 0.04% SIKH
- 0.1%
-
HINDU MUSLIM CHRISTIANS SIKH

KARIMNAGAR HINDU MUSLIMS CHRISTIANS SIKH


FEMALES 8,69,291 122,176 12,807 1,020
DIVORCED 601 50 14 1
PERCENTAGE 0.069% 0.04% 0.11% 0.1%

GUNTUR
Andhra Pradesh
Divorced Percentage / Female Population
0.1%
-
0.33%
- HINDU
-
MUSLIM
-
- CHRISTIANS

- 0.02% SIKH
- 0
-
HINDU MUSLIM CHRISTIANS SIKH

GUNTUR HINDU MUSLIMS CHRISTIANS SIKH


FEMALES 2,110,508 280,077 46,267 336
DIVORCED 2090 60 154 0
PERCENTAGE 0.1% 0.02% 0.33% 0%

STATSTICS Obtained Under RTI Act from Family Court


12

KANNUR
Kerala
Divorced Percentage / Female Population

0.33%
-
- 0.31%
HINDU
-
MUSLIM
-
- CHRISTIANS

- 0.05% SIKH
- 0
-
HINDU MUSLIM CHRISTIANS SIKH

KANNUR HINDU MUSLIMS CHRISTIANS SIKH


FEMALES 797,778 407,260 132,418 0

DIVORCED 2434 209 443 0


PERCENTAGE 0.31% 0.05% 0.33% 0

NASHIK
Maharasthra
Divorced Percentage / Female Population
0.04%
- 0.03%
- HINDU
-
MUSLIM
-
- CHRISTIANS

- SIKH
- 0 0.07%
-
HINDU MUSLIM CHRISTIANS SIKH

NASHIK HINDU MUSLIMS CHRISTIANS SIKH


FEMALES 2,524,311 339,150 12,048 4,003
DIVORCED 675 1 5 3
PERCENTAGE 0.03% 0 0.04% 0.07%

STATSTICS Obtained Under RTI Act from Family Court


13

CHAPTER - II
MASJID COMMITTEE AND
DARUL QAZA Kerala
Muslim in Kerala has very organised systems of Nikah,
Khula & Talaq controlled by Jame Masjid. Details of
Marriage, Divorce & Khula of last 15 years are as follows

Nikah Talaq less Triple


No. Name of Organization Solemnized than 3 Talaq
1 Kechery Juma Masjid,Trissur Kerala 761 27 00

2 Vallam Juma Masjid,Ernakulam Kerala 350 7 00


Kadakkad Muslim Jama-ath,Ernakulam
3 Kerala 1182 72 00
Valiyapalli Muslim Jama-ath,Kollam,
4 Kerala
1900 130 00
Thalacjhira Juma Masjid,Kollam,
5 Kerala
995 40 00
Chittumoola Juma Masjid,Kollam,
6 Kerala 652 13 00
Vattakattupadi Juma Masjid,Ernakulam,
7
Kerala
496 07 00
Kanaparamath Juma Masjid,Ernakulam,
8
Kerala 337 03 00
9 Cheruvathoor Juma Masjid,Kerala 1200 48 00
14

No. Name of Organization Nikah Talaq less Triple


Solemnized than 3 Talaq
Chunakkara South Muslim Juma Masjid,
10 Alappuzha,Kerala
2450 46 00

Poonthura Puthenpally Muslim Juma Masjid,


11 Thiruvanthapuram,Kerala 2550 164 00

12 Kanchai Muslim Jamath,Nettayam Tri. Kerala 102 01 00

13 Pattalathu Jama Masjid,Kollam,Kerala 777 24 00

14 Jama Masjid,Thrivananthapuram,Kerala 1000 30 00

15 Muslim Jamath Chavara,Kollam,Kerala 900 14 00

16 Idaman Jama Masjid,Chavara,Kollam,Kerala 400 20 00

Nellar Jama Masjid,Vettuparakkal,Malappuram, 457 12 00


17 Kerala

18 Karungappally Jama Masjid,Kollam,Kerala 1900 110 00

19 Muslim Jama-ath Nilamel,Kollam,Kerala 428 13 00

Total 18,837 781 00

Total Nikah Solemnized in 15 Years 18,837

Total Talaq in 15 Years 781

Total Tripple Talaq in 15 Years 00


15

DARUL QAZA
BHOPAL
In Bhopal from 2012 to 2016 in 4 Years

Total Nikah Solemnized 23792

Total Talaq / Triple Talaq 00

Total Khula Taken By Female 1498

HYDERABAD
During period 2011-2016

Total Nikah Solemnized 39951

Total Talaq & Khula 4813

40% are Khula 1925


16

CHAPTER - III
Divorce rate & Polygamy more in Hindus:
Zoya Hasan Professor of Languages Jawahar Lal Nehru
University & Ritu Menon together conducted a survey on
Divorce and Polygamy in 12 States& 40 Districts were
surveyed 9641 women weresurveyed, 80% were muslim
and 20% were hindus, 60% were rural40% were urban.
Ratio of divorce in Muslim 0.41%
Ratio of divorce in Hindus 0.471%
Polygamy in Muslims 2.91%
Polygamy in Hinuds 4.051%
The percentage of Divorce in India in last five years among
Hindu, Sikh, Christian is 94.8% and the percentage of
divorce of Muslim is 5.2%. Muslims are 14% of the
population. Therefore the rate of divorce should also be
according to population. The 5.2% includes all divorces
single double & triple. Therefore the percentage of triple
divorce is still meagre. The biased angle of government &
media can be seen in portraying divorce as major issue.
In polygamy also Muslim stands last World Development,
Report states: Polygamy in India as:
Tribals 15.25%
Buddhist 7.97%
Hindus 5.80%
Muslims 5.73%
17

Abu Saleh Sherif the Chief Scholar at US-India Policy


Institute published an article Abandoned Women out
number victims of Triple Talaq in India
His report is as follows:
For example, the percentage of women staying in
marriage is highest among Muslims (87.8%)
compared to Hindus (86.2%), Christians (83.7%) and
other religious minorities (85.8%).
The percentage of widowed women is least among
Muslims (11.1%) compared to Hindus (12.9%),
Christians (14.6%) and other religious Minorities
(13.3%). It is likely that the culture of widow
remarriages provides a higher level of family
protection to Muslim women compared to women
from other religious communities.
The percentage of separated and abandoned women is
alsoleast among the Muslims (0.67%) compared to
Hindus(0.69%), Christians (1.19%) and other
religious Minorities(0.68%).
The same census data suggests that the divorced
women percentage is higheramong the Muslims at
0.49% and Christians at 0.47% compared to other
religious minorities (0.33%) and the Hindus, at
0.22%.
The practice of getting a divorce among the Hindus is
traditionally non-existent. Out of 340 million ever-
married women 9.1 lakhs are divorced and among
them 2.1 lakhs are Muslims.
18

CHAPTER - IV
Random Sample Survey Report
Muslim Mahila Research Kendra conducted a Random
Sample Survey of 13000 Women across India from
Lucknow UP, Kolkata , West Bengal, Delhi, Hyderabad,
Telangana, Kozhikode Kerala and smaller towns and
Districts
Survey was aimed at obtaining the rate/practice of Divorce
in Muslim Community, Womens problems of Domestic
Violence and Dowry, finding out levels of awareness about
counsellingcenters, helpline & Darul Qaza and collecting
the burning issues of Muslim Community. Total Number of
women weresurveyed 13000 Brief details of income status
& EducationalStatus was also obtained.
FINDINGS:
(1)All Muslim Women were found in favor of Muslim
Personal Law and did not want Uniform Civil Code.
(2)The Total number of known cases of Divorce in family/
relatives were 100 out of which 40 cases were of Khula, 20
of Talaq Ahsan, 12 Triple Talaq, 18 Divorce through Darul
Qaza,10 Divorce through court.
Total number of cases of Divorce 100 %
Talaq (Triple) 12 0.00092%
Talaq(Ahsan) 20 0.0015%
Khula 40 0.0030%
Darul Qaza 18 0.0013%
19

(3)Muslim Womens suffering due to Domestic Violence


Dowry Harassment and Maintenance issue.
Total 267 cases in 13000 2.05%.
CASES

(4)Muslim women who approached court for family


grievance were 100 in13000:

Cases for Dowry 35 0.002%


Cases for 0.003%
40
Maintenance
Cases for Domestic 25 0.001%
Violence

(5) The burning problem of Muslim Community today:

Poverty 9000 69.2%


Illiteracy 10000 76.9%
Marriages 1000 7.69%
Divorce 400 3.07%
Intolerance 2500 19.2%
20

CHAPTER - V
Divorce has Risen Sharply in India

Apoorva Dutt
Hindustan Times
Jan 04, 2015

More and more young couples in cities like,


Mumbai, Delhi, Kolkata and Lucknow, are willing to end
amarriage that is not working. Experts cite a range of
reasons: impulse weddings, the waning influence of the
joint family and the growing independence of women.
The family court in suburban Mumbai is a
ringtonefree zone. When an occasional cellphone sounds
from among the rows of people waiting on the first floor,
it is hushed by- the security guard. "It's not for the judge
we do this, it's for them inside," he says, gesturing to the
door next to him. "They deserve some peace; this is an
important hour in their lives.
21
22

The door leads to the office of the chief marriage


consen counsellor. Every couple seeking a mutual
divorce in Mumbai must spend some time here, to
explore whether their differences truly are irreconcilable.
Advertising executive Tejas Chakrabarty , 28,
remembers this room vividly. "I first went there three
months after my wedding," he says. "My wife, whom I
had met through a matrimonial website, was continuing a
preexisting affair with a married man. The counsellor
tried very hard to convince us to give it another shot. But
she was still in love with that man, and I was too
betrayed to even think about it. We just sat there in
silence for 45 minutes. Then we left and started the
paperwork.
That was nine months ago.
Chakrabarty knew his wife for four months before
they got married. "She was a really great girl, and I was
getting all this pressure to marry, so I thought, why not,"
he says.
In retrospect, Chakrabarty says there were warning
signs. "She was always a little secretive, and would never
leave her phone unattended," he remembers. "She also
had mood swings, was depressed sometimes, then over -
compensated by lavishing attention on me." Chakrabarty
and his wife are among thousands of couples in India
seeking to end their marriages in the first few months or
years, ending up divorced before the age of 30.
23

This is an unusual trend in a country where the


divorce rate was just 1 in 1,000 ten years ago, and is still
a relatively low 13 per 1,000 - as compared to the US
average of 500 per 1,000. While India has no central or
even state-wise registry of divorce data, family court
officials say the number of divorce applications has
doubled and even tripled in cities such as Mumbai,
Delhi, Bengaluru, Kolkata and Lucknow over the past
five years (see box).
They cite a range of reasons - the waning influence
of the family and joint family; the growing
psychological and financial independence of women;
late marriages resulting in a greater reluctance to
compromise or change set ways and lifestyles.
The greatest difference, however, is in the will
ingness to end a marriage that is not working, say
somecounsellors.
24

"These young couples come to me with a totally


different attitude," says Mumbai - based psychotherapist
and counsellor Pallavi Bhurkay.
"Earlier, couples would come to me to fix the
marriage. Now, I have young couples who have come
just to convince their family or partner that a divorce is
the right decision.
Adds Aarti Mundkur, lawyer at the Bengaluru family
court: "Has the number of divorces gone up ? Of course.
But has the breakdown of marriage increased? No.
Marriages have been breaking down with much the same
regularity over the years. But couples have been
continuing with the marriage to keep up appearances.
The growing rate of divorce is an indication that the
stigma associated with it is on the wane.
Earlier, issues such as dowry demands, property
disputes and family arguments would lead to applications
for divorce, adds a family court counsellor from Mumbai.
"Now we see young couples who want to separate
because they cannot agree on who will do the chores, or
because they have realised that they no longer like each
other. Most of these are young couples in the first or
second year of marriage.
Divorced before 30: 5 ex - couples explain what
went wrong with their marriages
"He had very different expectations of a
wife"Marriage lasted:1 month Neha Jayant*, 29,
25

metBrijesh Ahluwalia*, 29, through common friends


inLondon six months ago. They were both
investmenbankers looking for a long - term commitment.
Right away, we entered into a relationship with
marriage as the goal, she says. A month in, in August,
the couple returned to Delhi for their wedding. They
then relocated to Toronto in Canada, where Brijeshs
parents live. One month later, Jayant packed her bags
and returned to Delhi. Brijesh had a very jealous
streak, she says. It began spinning out of control.
When I went to job interviews, he would criticise the
length of my formal skirt and ask melewd questions
about what I was actually applying for. After a party
hosted by his parents, he screamed at me for 45 minutes
because I had spent 10 minutes talking to another man.
Jayant says she was in shock, and afraid that the verbal
abuse would escalate into physical violence. He was a
completely different person after we got married. He had
all these expectations of a wife which he never had for
a girlfriend, she says. The couples divorce is now in
the process of being finalised.
It was clear we were not meant for each other
Marriage lasted: 3 years
He was quick - tempered; she was impatient. It
should have been a warning sign, but they saw it as a
symbol of all they had in common. They were both
young, ambitious marketing executives in a rush to settle
26

down. We met through an ad in the paper, says


Anisha*, 25. I posted the ad, looking for a life partner
who would let me be me, let me work after marriage.
Amit*, 28, seemed perfect. They met, courted and
married in 2012. The arguments started soon after. Two
years into the marriage, it was clear that we were not
meant to be together, saysAnisha. A year on, the couple
had secured a divorce. It was the best thing for both of
us, says Amit. Looking back, there were things we
both did wrong. I would share minute details of our
relationship with my parents, for example. Now, Amit is
not thinking of getting married again. But if that
happens, I will certainly work on my anger, he says,
and try to find someone more patient.
He expected me to cook
Marriage lasted: 18 months
They married after a whirlwind romance that lasted
six months, only to develop a host of problems
within the next year and a half. They now say the
situation could have been different if they had allowed
for a lengthier courtship. We were both fresh out of
failed relationships and in a hurry to get married. It was a
thoughtless decision, says Mahua*, 35, an IT executive.
The couple differed in tastes and values. He would
expect me to get home from work and cook for him
while he watched television. I was revolted at the idea of
me toiling while he put his feet up, she says. Also, she
27

earned well and ended up paying for most of their


common expenses. Mahua feels the couple might have
stood a chance if they could have moved out of his
parents home, but this suggestion caused a large uproar
and she was accused of trying to break up the family.
That the husband and wife should love each other is
a necessary but not sufficient condition. It is also
important that the tastes and values match, she says. In
2009, the couple got a divorce. They are now both
happily remarried.
This time, I have found someone who is what he
says he is, says Mahua. Ive learnt the hard way that
you cant change yourself, or someone else.
I suspect he was gay
Marriage lasted: 3 months
Kaushani Mittal*, 26, met her ex-husband through a
matrimonial website. Rajat* was 27, an architect based in
Seattle. He came to Mumbai to meet her three weeks in.
A month later, she flew to Seattle to marry him. When
we didnt kiss even two monthsafter our wedding, I
began to wonder what was going on, she says. Rajat told
her he had intimacy issues and would need time.
Meanwhile, his mother, who lived with them, began to
pry and read their messages. He had warned me that she
was possessive. But he did nothing to help, says Mittal.
Three months in, Mittal returned to Mumbai and began
divorce proceedings. Though he still denies it, he is
28

clearly gay, she says. It really took a toll on my self-


esteem. It has made me develop trust issues, for which
Ive been in therapy.
"He changed after the wedding"Marriage lasted: 2
years
Rashmi*, 30, is still in shock that her seven-year
relationship fell apart less than seven days after
marriage. The two met in business school in 2006 and
fell in love. He was very affectionate and caring, says
Rashmi. But he had always dreamed of moving to
Mumbai to be an actor. When the relationship became
serious, the couple discussed how she could move to
Mumbai with him, find a job, and support him while he
looked for his break. They were married in 2012, with
the consent of both families. I noticed a change in his
behaviour the day after our wedding, says Rashmi. He
was no longer the loving, caring man I knew. And he
wanted to move to Mumbai immediately. When Rashmi
said she needed time to quit her job in Lucknow and find
a new one in Mumbai, he said she could stay behind.
This was less than a week after the wedding, she says.
Finally, Rashmi agreed to go with him for a short while.
In Mumbai, he had friends he had never told her about.
He was acting like a big shot. It was like he never had
any love for me. Rashmi returned home. For two
years, I waited in Lucknow, she says. I can
count on my fingers the number of times we spoke over
the phone. We had very few meetings.
29

Two months ago, she filed for divorce. Rashmi is


now assistant general manager at a frozen foods factory;
Rahul* is in Mumbai, seeking his big break.
(With inputs from Sudipto Mondal, Richa
Srivastava, Arpit Basu and Danish Raza)
30

India's Rising Concern of 'Separation without


Divorce
The rapid rise of this new phenomenon is becoming
a threat to society. This is because Indian society is going
through a transition and lacking experience in
understanding the needs of upbeat educated financially
independent women. Does our policymakers have any
take on this?
By Jyoti Thatte April 24, 2017 (Excerpt)
When Laxman abandon pregnant Sita near
valmikiashram, it seems, that was first recorded case of
separation without divorce. There was love and
attachment between the holy couple but social pressures
weighed high on the all mighty lord Rama and he
abandoned his pregnant wife. This is mythology and so it
is vested in holy ambiguity but real life is not so.
The status of marriage as an institution that provided
security, stability, satisfaction and surety is in jeopardy as
separation without divorce is on rise. Separation without
divorce is a convenient alternative to divorce, as in our
society divorce though on the rise is not socially
acceptable. With many other factors complicating the
process of divorce, future of children in mind the married
31

couple who do not want to marry again are choosing this


option of separation without divorce.
Research says that divorce rate will grow with
education and it has been proved to be so. This
arrangement of separated without divorce is posing
varied and complicated problems to the health of the
society. A separated person while retaining the marital
status gets the freedom of the single or unmarried
person. Here's an example when Surekha started living
separately, leaving her husband in a far off country she
was lonely in her hometown, while trying to fix up her
loneliness, she got emotionally involved with a married
man, her far off husband had no issues with her affair but
the family of her married boyfriend got disturbed.
Many couples are opting for separation without
divorce for the sheer social convenience this
arrangement offers. The process of divorce is very
complicated and costly a friend says, besides fixing the
responsibility of fallouts of marriage is a difficult task.
Taking responsibility of children is a prime bone of
contention. While monetary responsibility can be fixed,
there are no answers for the psychological problems
such separations pose.
32

The statistics of Triple Talaq :


Priyanka chaturvedi

There are 17 crore Muslims in India. Half of them are


women = 8.5 crore women, 43% of Muslim women are
married = 3.6 crore. Divorce rate is 5 (3.4 as per 2011
crores) for every 1000 marriages = 2 lakh, Out of those 2
lakh divorced Muslim women.
1. Not all Muslims believe in Triple Talaq
2. Not all Talaqs are initiated by women (the procedure of
Khula)
3. Not all Talaqs are instant (which is where the problem is)
Let us assume half of them are instant Triple Talaqs = 1 lakh

Now, let us look at the Hindu community


There are 100 crore Hindus in India. Half of them are
women = 50 crore women
43% of Hindu women are married = 21.5 crores. Separation
rate is 5.5 for every 1000 marriages = 12 lakh
33

Unsettled separation rate 3.7 for every 1000 marriages = 8


lakh
Out of the 8 lakh unsettled separation for Hindu women
1. There are cases of divorces pending with courts
2. The separation could be initiated by the woman
3. Not all unsettled separations indicate wife abandonment
Let us assume half of them are cases of wife abandonment
(similar to Modi) = 4 lakh cases.
For every 1 Muslim woman suffering from instant Triple
Talaq, there are 4 Hindu women who are suffering the same
fate as Jashodaben. In fact, the fate of the Hindu woman is
worse. The Muslim woman can marry again, and find a
better husband, but the Hindu woman gets stuck in a limbo,
she cannot marry again, she cannot have a normal life
again. She is a half widow. You need to understand, this is
the fate meted out to women, under the current Indian
constitution and Indian courts.
But you do not hear much about these Hindu women.
Perhaps, this will make you wonder, if the media is really
serious about the welfare of women, or are they just
peddling a political agenda? An agenda of de-humanizing
all Muslims, under the subtle pretext of social reform!!
3. Aim should be uniformity of Rights, Not law...
(Flavia Agnes on a UCC)

4. Frames of References
(Justice Kannan The Hindu Oct. 21 2016)
(Fromer Judge of the Punjab and Haryana High Court)

5. Look whos talking


(Faizan Mustafa The Hindu Nov. 11,2016)

6. Abandoned women vastly out member


victim of Triple Talaq in India
(By Abusalah Sharif Cheif Scholor at US Indian Policy
Institute washington)
-- Article published in the wise on Dec. 12. 2016

7. The Thorny issue of triple Talaq


(by ashfaq Masood . dated 15 jan. 2017 Live mint.)
1. The most widely cited debate statistic on
Triple Talaq is in accurate..
(The Washington post. 2nd Nov., 2016)

2. It isnt about women


(Nividita menon The Hindu July 15, 2016)
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100
5

SALAMAH CENTRE
22-8-490, Purani Haveli, Hyderabad, Telangana State.
Ph: 66632673, 9246248205
IS
DIVORCE
&
POLYGAMY
increasing among
MUSLIMS ?
Reality or Myth

Authentic data collected from different family courts


(Under RTI)

Prepared & Compiled by

MUSLIM MAHILA RESEARCH KENDRA


in Co-ordination
SHARIAH COMMITTEE FOR WOMEN

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