The matter was referred to the judges for an expert opinion and also to enable the parties to reach a settlement.
The Bombay high court today sought mediation of legal experts on an appeal filed by singer Adnan Sami's wife Sabah Galadari against a family court's order, which dismissed her divorce plea on the ground that she had not complied with Halala formalities under Muslim law.
Justice Sharad Bobade and justice SJ Kasawala referred the matter to retired judges, justice Bilal Nazki or in the alternative to justice BN Srikrishna, both former judges of high court for their opinion within six weeks.
The matter was referred to the judges for an expert opinion and also to enable the parties to reach a settlement.
A family court had on October 14 dismissed Sabah's plea of divorce, observing that her second marriage to Adnan was invalid under Muslim law as she had not complied with Halala.
Halala is an ancient practice in Muslim law which requires a divorced woman to be married to another man for at least six months before she remarries her first husband.
Adnan and Sabah married in 2001 and divorced in 2004. However, they remarried in 2007. Due to domestic quarrels, Sabah, a citizen of UAE, had dragged Adnan to court seeking divorce.
Sabah's lawyer Mahesh Jethmalani argued that the family court had not understood the principles of Islamic law and said Halala was not necessary in her case. The appellant contended that Sami had raised the issue of Halala only to reclaim the property he had gifted her. She said a gift by a husband cannot be revoked under Muslim law.
In May last year, Sami had gifted her two flats in Sky Garden building in Lokhandwala area of suburban Andheri.
Sabah said the family court had wrongly relied upon this ancient law while invalidating her marriage and had not taken into account judgements of various high courts and supreme court which have abolished the practice of triple talaq.
The appellant said her case fell under the category of single talaq in which Halala is not required. Under single talaq, a couple can re-marry with a fresh marriage contract and new dowry, she said.
Sabah submitted the family court had not followed the well-established principle of Islamic jurisprudence which permits a married couple to settle their own terms of divorce.
Her counsel Mahesh Jethmalani argued that Sabah was being denied her rights following the family court's verdict invalidating her marriage.
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