Muslim Women are Entitled to Law Against Triple Talaak

MUSLIM WOMEN ARE ENTITLED TO LAW AGAINST TRIPLE TALAQ

Dr. Noorjehan Safia Niaz and Zakia Soman 

It was a historic day for Indian democracy when Lok Sabha passed the Muslim Women [Protection of Rights on Marriage] Bill 2017. Muslim women are entitled to legal protection in matters of personal law as much as all Indian women. But thanks to the alliance between patriarchal conservative religious bodies and the political class Indian Muslim women have faced discrimination in personal law matters. The Muslim women’s’ movement against triple talaq in the last few years has made this change possible. It is equally significant that the Bill tabled by the central government was supported by the Congress and other opposition parties. Indian democracy has certainly evolved since 1986 when a lone Shah Bano was silenced by the patriarchal leadership with support of the political leadership. This latest development is the outcome of the consistent courageous struggle of ordinary women for gender justice. My Allah has made me equal has been the motto of this struggle. It is equally significant that ordinary Muslim women have clearly demonstrated faith in democracy and democratic institutions such as the courts.

Before considering the merits and demerits of the Bill a few facts need to be highlighted here. The Constitution grants right to religious freedom to all citizens. It also allows for personal laws to be based on respective religious texts of different faith communities. That is how we have the Hindu Code comprising the Hindu Marriage Act, 1955, the Hindu Succession Act, 1956 and a few more laws. The amendments in Christian Marriage Act have enabled justice for Christian women in marriage and divorce matters. Whereas the Muslim patriarchal bodies have stone-walled any discussion on reform in personal law. Muslims are governed by the Shariat Application Act, 1937 which is silent on important issues such as age of marriage, procedure of divorce, nikah halala, polygamy, women’s’ share in property etc. This has led to injustice to women in the form of the abhorrent practice of triple talaq which was set aside by the Supreme Court in August 2017. But despite of the SC judgment triple talaq continues to take place and women continue to be thrown out of their marital homes in an arbitrary manner. A duly codified law laying down the procedure of divorce, support for the divorced woman and penalty for violations is imperative. 

In this regard at least two amendments are necessary in the present Bill. Firstly, the proposed law should lay down a detailed procedure of divorce based on the talaq-e-ahsan method involving reconciliation, mediation between the couple lasting for a period of minimum 90 days. While the proposed law says that triple talaq or talaq-e-bidaat is illegal, it should also suggest what the legal way to divorce is. This would be somewhat similar to the mandatory six month cooling off period in the divorce of a couple married under Hindu marriage law. At the end of this mandatory process of arbitration and dialogue the divorce can happen if the matters can’t be resolved. The Quran emphasizes on a just and fair divorce meaning the wife should get shelter, maintenance support, custody of children etc. The law should provide greater clarity on the support allowance mechanism. Secondly, violation of law should invite punishment as any law is meaningless without deterrence. The offence of talaq-e-bidat should be a non- cognizable and bailable offence. The final choice of registering an FIR followed by a legal case should rest with the wife. Marriage is a matter of civil law and should be viewed as such while furthering gender justice. Bigamy is an offence both as per the Hindu Marriage Act and as per 494 of the IPC punishable through imprisonment up to seven years. This means that if a Hindu, Jain, Buddhist, Sikh, or even Christian man commits bigamy, he commits a non-cognizable offence punishable up to seven years in jail.  The proposed law must draw from the bigamy law, dowry law and the domestic violence prevention law where the offence is punishable.

Howsoever late, the Bill has been welcomed by Muslim women as a step forward.  The elected representatives cutting across the political spectrum have supported its passage in the Lok Sabha. It is hoped that they would collaborate constructively in strengthening the bill with suitable amendments and make this law a reality.

The Bill is expectedly being opposed by some patriarchal religious bodies. But certain expert academics working overtime writing articles to find only faults with the Bill is rather amusing. For one, these experts never spoke out in support of the Muslim women’s struggle against triple talaq. They were silent when stories of untold hardships and suffering of women were surfacing all across the country. They chose to trivialize the painful realities of women by starting a false debate around the rate of divorce in the Muslim community. In reality the debate was about the method of divorce and not the incidence per se. Leave alone using their scholarship and legal acumen for gender justice, they made every effort to obfuscate the issue of triple talaq. They need to recognize the historic shift where the ordinary Muslim woman has understood the patriarchal game and mansplaining is not working any more. 

The opponents of the bill must understand that it cannot be rejected just because it was introduced by the BJP government. For, the time for gender justice is never right. The government and opposition need to work together to enable legal protection for Muslim women. This is the message from the ordinary women who have fought against all odds with courage and determination against triple talaq. 

Zakia Soman and Dr. Noorjehan Safia Niaz

Co-Founders, BMMA

Summary of Amendments to the triple talaak bill.

SUMMARY OF AMENDMENTS 

THE MUSLIM WOMEN (PROTECTION OF RIGHTS ON MARRIAGE) BILL, 2017

1.        Any pronouncement of talaq other than the Talaak-e-Ahsan shall be illegal.

2.        The aggrieved wife can initiate proceedings under this Act only after the husband has failed to initiate divorce proceedings as laid down here.

3.        An offence punishable under this Act shall be at the instance of the aggrieved wife, nobody else can register the FIR.

4.        This offense shall be cognizable and bailable

5.        Whoever pronounces triple talaq shall be punished with imprisonment upto one year and/or fine.

6.        Any person or organization other than the husband which abets triple talaak shall be punished with imprisonment for a term which may extend to three years and fine.

7.        Any person who compels a woman to do halala shall be punishable with an imprisonment of three years and fine.

8.        Any person compelling a woman to agree to a marriage with inbuilt divorce [Muta] shall be punishable with an imprisonment of three years and fine.

9.        A married Muslim woman upon whom talaq is pronounced, shall continue to be entitled to receive from her husband such maintenance as she has been receiving during the subsistence of the marriage for her and dependent children

10.    A married Muslim woman shall continue with the custody of her minor children in such manner as may be determined by the Magistrate.

11. A married Muslim woman will continue to enjoy the right to reside in the marital home.

Muslim Women {Protection of Rights on Marriage} Bill, 2017 - Suggested Amendments by BMMA

THE MUSLIM WOMEN (PROTECTION OF RIGHTS ON MARRIAGE) BILL, 2017

 Suggested Amendments By

BMMA

Bill No. 247 of 2017

THE MUSLIM WOMEN (PROTECTION OF RIGHTS ON MARRIAGE) BILL, 2017

A

BILL

to protect the rights of married Muslim women and to prohibit divorce by pronouncing talaq by their husbands and to provide for matters connected therewith or incidental thereto.

BE it enacted by Parliament in the Sixty-eighth Year of the Republic of India as follows:—

CHAPTER I

PRELIMINARY

(1) This Act may be called the Muslim Women (Protection of Rights on Marriage) Act, 2017.

(2) It shall extend to the whole of India except the State of Jammu and Kashmir.

(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.

2. In this Act, unless the context otherwise requires,—

(a) "electronic form" shall have the same meaning as assigned to it in clause (r) of sub-section (1) of section 2 of the Information Technology Act, 2000;

(b) "talaq" means talaq-e-biddat or any other similar form of talaq having the effect of instantaneous and irrevocable divorce pronounced by a Muslim husband; and

(c) "Magistrate" means a Magistrate of the First Class exercising jurisdiction under the Code of Criminal Procedure, 1973, in the area where a married Muslim woman resides.

d) “Arbitrators” means individuals in registered agency registered under the relevant government Act as well as an Arbitrator under this Act.

CHAPTER I

DIVORCE

1)    The Act recognizes 3 forms of separation between husband and wife:

a)                   Demand for divorce by wife [Khula/faskh]

b)                   Demand for divorce by husband [Talaak]

c)                    Divorce by mutual consent [Mubarah]

2)       In the event mentioned Khula/Faskh, Talaak, Mubarahthe party demanding divorce will follow the Talaak-e-Ahsan method of divorce as listed in Chapter II of the Act.

3)       No rights of the wife are forfeited in the event of Khula, Mubarah or Talaak

4)       The wife has the right to refuse to stay under the same roof during iddat if she fears physical, mental and emotional harm

5)       The demand of khula by wife is not dependent on the consent of the husband. The Arbitrators shall have the power to terminate the marriage in the absence of consent of the husband in case of khula [faskh-e-nikaah].

6)       The procedure of Talaak-e-Ahsan also signify restitution of conjugal rights.

CHAPTER II

PROCEDURE OF DIVORCE

A Muslim marriage can be dissolved either in the court or outside the court.

A. DISSOLUTION OF MARRIAGE THROUGH COURT:

A.1. Grounds for decree for dissolution of marriage by wife:

A woman married under Muslim law shall be entitled to obtain a decree for the dissolution of her marriage from the court on any one or more of the following grounds, namely that the:

a)  Whereabouts of the husband have not been known for a period of two years;

b)  Husband has neglected and or has failed to provide for her maintenance for a period of two years;

c)  Husband has failed to perform, without reasonable cause, his marital obligations for a period of two years

d)  Husband has been sentenced to imprisonment for a period of two years or upwards;

e)  Husband was impotent at the time of the marriage and continues to be so;

f)   Husband has been of unsound mind for a period of two years or has been suffering from leprosy or a virulent venereal disease;

g)  Husband has, after the solemnization of marriage, treated her with cruelty; that is to say:

• Habitually assaults her or makes life miserable by cruelty of conduct even if such conduct does not   amount to physical ill-treatment, or
• Associates with persons of evil repute or leads an infamous life, or
• Attempts to force her to lead an immoral life, or
• Disposes of her property or prevents exercising of legal rights over it, or
• Obstructs in the observance of religious profession or practice, or

h)  Husband has maintained, after solemnization of marriage, sexual relations with persons other than his own wife;

i)  That due to irretrievable breakdown of marriage, life together has become impossible or intolerable;

j)  See Annex 1 for rules

A.2. Grounds for decree of dissolution of marriage by husband:

A man married under Muslim law shall be entitled to obtain a decree for the dissolution of his marriage from the court on any one or more of the following grounds, namely that the:

a)  Whereabouts of the wife have not been known for a period of two years;

b)  Wife has been sentenced to imprisonment for a period of two years or upwards;

c)  Wife has been incurably of unsound mind for a period of two years or has been suffering from leprosy or a virulent venereal disease;

d)  Wife has, after the solemnization of marriage, treated him with cruelty;

e)  Wife has maintained, after solemnization of marriage, sexual relations with persons other than her own husband;

f) That due to irretrievable breakdown of marriage, life together has become impossible or intolerable;

g) See Annex 2 for rules

I. Procedure to be followed before granting decree of divorce

Upon receiving the application for decree of dissolution of marriage from either of the party to marriage on any of the grounds mentioned above, the court shall:

1. Appoint three Arbitrators - one Arbitrator each from the family of both parties as nominated by the parties themselves and one member from a welfare organization registered as per the provisions of this Act for the purpose of attempting reconciliation between the parties within 30 days of the date of application, provided that at least one Arbitrator should be a woman;
2. Direct the parties to attend and fully participate in the reconciliation proceedings to be commenced by Arbitrators within two weeks of their appointment;
3. Direct the Arbitrators to conduct their duties in a fair, just and impartial manner;
4. Direct the Arbitrators to submit their report to the court within a period of 3 months from the commencement of reconciliation proceedings indicating the conclusion of the reconciliation process and the reasons for reaching that conclusion;
5. After receiving the report of the Arbitrators, send a copy each to both the parties;
6. Direct both parties to submit objections, if any, to the report within a period of 30 days from the date of receiving the report;
7. If the parties have reached an agreement and differences are resolved, dismiss the suit or if the parties fail to reach an agreement, continue the procedure for the suit for decree of dissolution of marriage.

II.    Provided that the court may make such interim orders, notwithstanding anything contained in any other law for the time being in force, for maintenance of the wife and children, if any, as appropriate for the whole or part of the duration of the procedure laid down in this section.

III.   Settlement of rights of the parties before final decree

1. Notwithstanding any proceeding initiated under this Act, every woman shall have the right to institute any proceeding, simultaneous or on conclusion of proceedings under this Act, under any or all of the following legislations:

(a) Muslim Women (Protection of Rights on Divorce) Act, 1986.

(b) Protection of Women from Domestic Violence Act, 2005.

(c) S.125 of the Code of Criminal Procedure, 1973.

(d) Any other law for the time being in force, applicable to her.

Provided further that it shall be the duty of the court to ensure that the woman is made aware of this right at the first hearing.

The court may pass such interim orders or make such provisions in the decree as may deem just and proper, when so petitioned, related to maintenance, inheritance, custody and education of children, consistent with their wishes wherever possible. The court may, even after the decree, upon application by petition for this purpose, make from time to time, all such orders and provisions with respect to the custody, maintenance and education of such children as may deem just and proper to the court. The court may also from time to time vary any such orders and provisions previously made without requiring any separate proceedings.

Provided that the application with respect to the interim maintenance and education of the children, pending the proceeding for obtaining such decree, shall, as far as possible, be disposed of expeditiously and not later than sixty days from the date of service of notice on the respondent

B. Dissolution Of Marriage Outside Court

The grounds on which either party is seeking divorce are the same as mentioned in A.1 and A.2

Procedure

Dissolution of marriage proceedings, by whatever name called, initiated by either or both the parties to a marriage without the intervention of a court, to be concluded through the following procedure only:-

1. STEP 1

As a first step, when there is a marital discord, the husband/ wife will reason out with each other through discussions.

2. STEP 2

If differences persist, then as a next step, the parties sexually distance themselves from each other in the hope that this temporary physical separation may encourage them to unite.

3. STEP 3

And if even this fails, they will once again discuss the seriousness of the situation and try to bring about reconciliation.

4. STEP 4

If the dispute still remains unresolved, as a fourth step, the parties to the dispute must place their matter before two Arbitrators nominated by the family, one from the family of each spouse, for resolution. The family Arbitrators must approach Arbitrators of a registered organization, as mentioned in this act, for the resolution of their marital discord.

a.       It is only after the failure of the aforementioned four attempts at reconciliation that the first talaq is to be declared by the Arbitrators in the presence of two witnesses and both the parties. This declaration of divorce is to be followed by a waiting period called the iddat. Not more than two divorces can be pronounced within this period, the duration of which is three monthly courses.

b.      For women who have attained menopause or suffer from amenorrhea the period of iddat is three months, and in the case of pregnant women it is till the termination of pregnancy.

c.       And if the parties are unable to unite during iddat, the second and the final irrevocable talaq can be pronounced by the Arbitrators but only after the expiry of the iddat. Once the second and the final talaq has been invoked the marital bond is severed and the parties cease to have any relationship as between husband and wife with each other.

d.      However, even after iddat has lapsed and before the pronouncement of the second and final talaak by the Arbitrators, the contending parties have a chance to reunite by recontracting the marriage, provided the final talaq has not been declared.

e.       In other words, after the expiry of iddat, the parties are given the options of remarriage or permanent separation.

f.       All decisions taken before the witnesses and Arbitrators must be recorded. The final divorce at the end of iddat must also be recorded in a talaaknama by the Arbitrators.

g.       The rights of the women on divorce must be safeguarded by the Arbitrators and must be mentioned in the talaaknama.

h.      Original copies of the same must be provided to both the parties.

NOTE:

1. The pronouncement of final talaak should be during the period of tuhr
2. The four steps mentioned above signify restitution of conjugal rights
3. The parties can also approach the Indian courts directly for the dissolution of their marriage
4. Before making the second and final pronouncement of divorce, the Arbitrators must ensure that all matters related to dower, jewelry, household items,  maintenance of the women and children, inheritance, custody, education of children, residence of divorced women has been amicably and fairly settled.
5. Once the second and final pronouncement of dissolution of marriage has been made, the parties are no longer married to each other.

C. Rights of women not to be affected

i. Notwithstanding that the dissolution of marriage proceedings have been initiated at the behest of the wife (khula), it will not affect any of the rights to dower and maintenance and all rights as mentioned in Note (4) that the wife is otherwise entitled to.

ii. Notwithstanding the dissolution procedure, the wife shall be entitled to institute any proceeding in the appropriate court under any or all of the following legislations -

(a) Muslim Women (Protection of Rights on Divorce) Act, 1986.

(b) Protection of Women from Domestic Violence Act, 2005.

(c) S.125 of the Code of Criminal Procedure, 1973.

(d) Any other law for the time being in force, applicable to her.

D. Dissolution of marriage outside court through any other procedure to be invalid

After coming into force of this Act, dissolution of marriage, by whatever name called, initiated outside court shall be concluded only through the procedure mentioned in this Act. Dissolution of marriage concluded through any other procedure, in contravention of the procedure mentioned shall be illegal

E. Refusal of spouse to cooperate

If in a proceeding initiated by one spouse, the other spouse refuses to cooperate or refuses to participate in the reconciliation or dissolution of marriage proceedings initiated at the behest of one spouse, it may amount to cruelty of conduct and may be a ground for approaching the court for dissolution of marriage.

F. Decree of dissolution of marriage concluded outside court

a)  If the parties married under Muslim Law have concluded a dissolution of marriage by following the procedure provided, then they shall approach the court for a decree of dissolution of marriage.

b)  Each of the party will submit to the court an application asking for a decree of dissolution of marriage. Along with the application the parties will submit the Arbitrators' report which states the procedure followed for divorce and the confirmation that the parties have settled all issues fairly and amicably;

c)  After satisfying itself of the veracity of the affidavits and that the procedure outlined in this Act has been followed, the court shall either pass a decree of dissolution of marriage, in accordance with the other provisions of this Act, or dismiss the petition directing the parties to first comply with the requirements of this Act.

d)  Provided that if any party objects to any settlement related to dower and maintenance of wife and/or maintenance, custody, inheritance, education of children, the court may deem such an objection as non-fulfillment of procedure outlined and may dismiss the petition, requiring the parties to reach a settlement first and then file a fresh application for decree of divorce.

G. Effect of conversion to another faith

a)  The renunciation of Islam by a married Muslim woman or man or her/his conversion to a faith other than Islam shall not by itself operate to dissolve her/his marriage;

b)  Provided that after such renunciation, or conversion, the woman or man shall be entitled to obtain a decree for the dissolution of their marriage on any of the grounds mentioned in Section A.1 and A.2;

c)  Provided further that the provisions of this section shall not apply to a woman converted to Islam from some other faith who re-embraces her former faith.

H. Remarriage between parties who have concluded dissolution of marriage [Halala]

a)  Parties who have concluded dissolution of marriage either before or after the coming into force of this Act and who intend to remarry each other without any compulsion, force or threat can do so by contracting a fresh marriage after the waiting period as prescribed under this Act is over.

b)  No woman can be compelled through coercion, force, threat or by any other means to undergo a consummated marriage and subsequent dissolution of that marriage before she can remarry a man with whom she was married earlier but that marriage was dissolved.

c)   Any person who compels a woman through coercion, threat, fraud or by any other means to undergo a consummated marriage and subsequent dissolution of that marriage in order to remarry a man with whom she was married earlier but that marriage was dissolved shall be punishable with an imprisonment of three years and fine.

d)   Any person who solemnizes or acts as a witness to a marriage knowing that the marriage is being contracted for the sole purpose of consummation and subsequent dissolution in order to compel a woman to remarry a man she was earlier married to shall be punishable with an imprisonment of three years and fine.

e)  Any offence punishable under this Act shall be deemed to be cognizable and bailable, within the meaning of the Code of Criminal Procedure, 1973 and will be triable by a Magistrate/Family Court, as provided in the Code.

I. Automatic dissolution of marriage after lapse of a certain period of time [Muta]

a)  Notwithstanding anything contained in any contract to this effect, any dissolution of marriage which takes place automatically after lapse of a certain period of time prescribed in the nikahnama or otherwise will be invalid and without any legal effect unless such dissolution follows the procedure laid down in this Act.Any person compelling a woman to agree to a marriage with inbuilt divorce shall be punishable with an imprisonment of three years and fine.

CHAPTER III

DECLARATION OF TALAQ TO BE ILLEGAL

1.   Any pronouncement of talaqother than the method mentioned in Chapter II by a person upon his wife, by words, either spoken or written or in electronic form or in any other manner whatsoever, shall be illegal.

2.   The aggrieved wife is entitled to initiate proceedings under this Act only after the husband has failed to initiate divorce proceedings as mentioned in Chapter II of this Act. Husband on his part will have to prove by records and documents that he has undertaken the procedure mentioned in Chapter II of this Act.

3.  Notwithstanding anything contained in the Code of Criminal Procedure, 1973, an offence punishable under this Act shall be at the instance of the aggrieved wife and it shall be cognizable and bailable within the meaning of the said Code.

4. Whoever pronounces talaq referred to in section IIIupon his wife shall be punished with imprisonment for a term which may extend to one year and/or fine.

5. Any person or organization other than the husband which abets talaak in a form other than mention in Chapter II shall be punished with imprisonment for a term which may extend to three years and fine.

CHAPTER IV

PROTECTION OF RIGHTS OF MARRIED MUSLIM WOMEN

1.  Without prejudice to the generality of the provisions contained in any other law for the time being in force, a married Muslim woman upon whom talaq is pronounced, shall continue to be entitled to receive from her husband such maintenance as she has been receiving during the subsistence of the marriage for her and dependent children as may be determined by the Magistrate/Family Court.

2. Notwithstanding anything contained in any other law for the time being in force, a married Muslim woman shall continue with the custody of her minor children in such manner as may be determined by the Magistrate/Family Court.

CHAPTER V

PROTECTION OF RIGHTS OF DIVORCED MUSLIM WOMEN

1. In the event of a talaak which has happened as per the procedure listed in Chapter II, a divorced woman is entitled to maintenance as per the provisions of the Muslim Women (Protection of Rights on Divorce) Act, 1986.

2. In the event of a talaak which has happened as per the procedure listed in Chapter II, a divorced woman is entitled to stay in her matrimonial home.

3.All matters related to dower, jewelry, household items, maintenance of the women and children, inheritance, custody, education of children, residence of divorced women has been amicably and fairly settled as mentioned in Chapter II of this Act.

CHAPTER VI

CUSTODY AND GUARDIANSHIP

1.      Both mother and father are natural guardians of the children.

2.      In the event of a divorce, regardless of who amongst the spouse initiates the divorce, the decision regarding the custody of all children (male and female) will reside with the mother until they reach the age of 14 when the child can decide for himself/herself. In any case it is the responsibility of the father to provide maintenance for the child.

3.      After reaching the age of 14 the parent not having the custody can apply for custody of the child to an Arbitrator. The consent of the child will be sought by the Arbitrators.

4.      The parent who has lost the custody of the child will get fair visitation rights.

5.      Only if the child is not able to take a decision the Arbitrators shall take the decision based on the principle of the best interest of the child which includes the child's physical, emotional and economic security.

6.      In the event when the custody of the child is with the mother, it is the responsibility of the father to financially maintain the child.

7.    In the event that the child is not able to take a decision the Arbitrators while making a decision should keep the following guidelines in mind:

a)  Consider the quality of the upbringing of the child till date

b) The health, education, physical and emotional safety of the child.

8.    Custody of the child is not necessarily lost if:

a)   Either parent change their respective religion

b)   Either of the parent remarries

CHAPTER VII

ARBITRATION

The parties can choose to go for Arbitration in the event of a dispute.

1) Nature of Arbitrators

a] Arbitrators could be registered welfare agency which is:

·         Also registered under this Act as per the Rules.

·         Having atleast 50% women members, preferable Muslim women

·         Has an impeccable record of social justice

2) Duties and Responsibilities of the Arbitrators:

o   The Arbitrators can arbitrate on all matters mentioned in this Act.

o   The Arbitrators must follow the rule of giving both the sides a chance to be heard.

o   The Arbitrators are mandated to keep a record of all proceedings during this process as well as a record of all decisions taken.

o   In case of a divorce, the Arbitrators should safeguard the rights of the women by listing them out on the divorce document and give true, original copy of the same to both the parties.

o   After following the principles of natural justice, a just and fair decision should be made by the Arbitrators on all matters mentioned in the Act.

ANNEX 1

Provided that,

1. The woman may be permitted to file a petition for divorce, within such reasonable time period which is shorter than the time periods provided in clause (A.1), (a), (b), (c), (d) and (f) of this section, if the court is satisfied that the same is expedient in the interest of justice and equity;
2. No decree shall be passed on ground A.1(d) until the sentence has become final;
3. A decree passed on ground A.1 (a) shall not take effect for a period of six months from the date of such decree, and if the husband appears either in person or through an authorized agent within that period and satisfies the court that he is prepared to resume conjugal relations, the court shall set aside the said decree; and
4. Before passing a decree on ground A.1 (e) the court shall, on application by the husband, make an order requiring the husband to satisfy the court within a period of one year from the date of such order that he has ceased to be impotent, and if the husband so satisfies the court within such period, no decree shall be passed on the said ground.

ANNEX 2

I. Provided that,

1. A man may be permitted to file a petition for divorce, within such reasonable time period which is shorter than the time periods provided in clause A.2 (a), (b) and (c) of this section, if the court is satisfied that the same is expedient in the interest of justice and equity;
2. No decree shall be passed on ground A.2.(b) until the sentence has become final;
3. A decree passed on ground A.2. (a) shall not take effect for a period of six months from the date of such decree, and if the wife appears either in person or through an authorized agent within that period and satisfies the  court that she is prepared to resume her conjugal relations, the court may set aside the said decree.

II.    Notice to be served on heirs of the spouse, when the spouse's whereabouts are not known.

1. The names and addresses of the persons who would have been the heirs of the spouse under Muslim law if they had died on the date of the filing of the complaint shall be stated in the complaint,
2. Notice of the suit shall be served on such persons, and
3. Such persons shall have the right to be heard in the suit.