The court has refused to accept the talaqnama sent by post by a man to his wife because she had attended the funeral of her sister without his permission. The court, in its interim order, has directed the Faraskhana police to ensure that the man gives shelter to the woman and their three children till the domestic violence complaint filed by her is decided.

Ashfaq Qureshi (55) (name changed), a resident of Ganesh Peth who works as goldsmith, sent the talaqnama to his wife Shabnam (43) (name changed) and denied her and their children entry into their house. On January 4, Shabnam’s elder sister died in Kolkata and Shabnam wanted to go there. But Qureshi refused to give her permission and even abused and beat her when she insisted. However, Shabnam took a flight to Kolkata. Even as she was yet to over come the grief of her sister’s death, she received a talaqnama sent by Qureshi by post.

When she returned to Pune, her husband told her that by sending the talaqnama he had divorced her and that there was no relation between him and her or their children. Shabnam and the children became homeless as he refused to allow them to stay with him following which they had to seek shelter with their relatives.

Shabnam then filed a complaint, through her lawyer Afroz Shaikh, under the Protection of Women from Domestic Violence Act 2005. She also moved the court seeking interim relief of Rs 30,000 per month as maintenance amount. Advocate Shaikh told the court that according to a judgment of the Supreme Court, if a person wants to divorce his or her spouse, they should follow the proper way and do it in the presence of Muslim spiritual leaders. Qureshi told the court that he is ready to accommodate the children but not Shabnam.