RTI query - Is ‘Talaqnama’ a valid divorce document?

Background

The appellant filed an application under the Right to Information (RTI) act seeking whether the ‘Talaqnama’ is a valid divorce document or not and if not then the reason for the same. The Public Information Officer (PIO) informed that the matter has been referred to the Government Counsel for the opinion regarding the validity of the Talaqnama and the reply will be forwarded to the appellant as soon as the reply is received.

Proceeding

During a hearing before the Central Information Commission (CIC), the appellant stated that she has not been provided proper information in response to her RTI application. The PIO’s representative stated that they had taken a legal opinion and had advised the appellant that the Talaqnama submitted was not valid as it had not been signed by her and was unregistered. The appellant contended that under Muslim law even oral divorces are valid and hence there is no necessity for the Talaqnama to be registered.

View of CIC

The Central Information Commission (CIC) directed the PIO to re-examine the matter and inform the appellant suitably. The Commission also expressed hopes that the public authority will look into the grievance of the appellant and try to resolve the same at an early date as per extant rules.

Citation: Mrs. Kamrunissa Mehebub Mutawalli v. Department of Posts in File No.CIC/LS/A/2011/001039/BS/0565