Ahmedabad, August 15: A sessions court has ordered release of a Muslim woman, who had recently divorced her husband and wanted to live with her Hindu boyfriend, from a remand home where she was lodged following a direction by a local court.
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.
-PTI