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MMy friend [25M] wants to pursue his father for leaving his mother under the Triple Talaq practice in 2012. However he is clueless on how to take this ahead.
Context: His mother was a housewife and not a working professional when the “Triple Talaq divorce” took place. His father left the country right after the case and settled in Oman. He is now married to another woman and has multiple children with her. My friend recently graduated and got a job and wishes to punish his father for abandoning him and his mother when he was still a child. There was no alimony or settlement provided when the “divorce” happened.
The Triple Talaq laws in India came into full effect after 2017. Would he still be able to bring justice to his mother for what happened 12+ years ago? Need help here. Any kind of advice is welcome.
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HNo op, he can not be tried under triple talaq laws as per article 20(1) pf the indian constitution, it states that a person can not be convicted of a crime which did not exist at the time the act was committed . (I’m not a lawyer)
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MUnderstandable, thank you for the input. What about unfulfilling child support/alimony/no legal divorce and still marrying another woman? Can he be tried under any of these?
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EThis is the reason why we need Uniform Civil Code. Triple Talaq is very much legal way of divorcing as per Muslim Family law. He would only be required to give such amount which specified while getting married which is usually very minimal, so its not even worth hiring lawyers and fighting in court.
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