UNI - Friday, 11-45 pm
New Delhi, Apr 21: The Supreme Court on Friday observed that no one can be forced to live separately against his or her will, in a case that has created wide repercussions in relation to a matrimonial dispute.
The case concerns a Muslim wife who after having been given 'triple talaq' by her husband decided to live with him again with mutual consent.
The local Muslim community in Orissa, however, did not allow the couple to live together as it was against the law of Sheriat.
According to the Muslim Personal Law, a divorced wife has to go through the prescribed period of 'Idaat' (period of mourning) and has to marry some other person and can remarry her former husband only after divorcing her second husband.
A bench comprising Justices Uma Pal, C K Thakker and Markandey Katju granted two weeks time to the state of Orissa to file counter to the petition of Nazma Biwi and another person.
During the hearing of the petition Justice Katju remarked "it is a secular country. Every community is supposed to behave in a civilised manner. Members of every community have the right to live with dignity. No one can force them to live separately".
The notice on the petition was issued by this court on January 4, 2006. Nazma Biwi has challenged the Orissa High Court Judgement dismissing her petition for direction to let the couple live together.