Pakistani singer and musician Adnan Sami, who is fighting a divorce case against estranged wife Sabah Galdhari, will now seek mediation from justice BN Srikrishna, a retired supreme court judge.
Adnan and Sabah agreed for mediation as per the suggestion given by the high court on Monday.
The division bench of justice SA Bobde and jusstice SJ Kathawalla had suggested the couple to approach either justice Bilal Nazki, former chief justice of the Orissa high court, or justice BN Srikrishna. Both the parties finally agreed on justice Srikrishna’s name, as justice Nazki had left for New Delhi.
The court, before suggesting for mediation, had asked the parties if there were chances of parting ways by reconciliation. When they said no, justice Bobde observed: “Mediation seems to be the only option now.”
The court sought mediation of legal experts on an appeal filed by Sabah against a family court’s order which dismissed her divorce plea on the ground that she had not complied with halala formalities under the Muslim law.
Halala is an ancient practice in the Muslim law which requires a divorced woman to be married to another man for at least six months before she remarries her first husband.
Arguing for Sabah, senior counsel Mahesh Jethmalani told the court: “As per the law, halala can be applicable only in case of husband granting talaq three times. The first divorce between Sami and Sabah took place in 2004 and it was given by Mubarat (divorce by mutual consent). As per the Muslim law, halala is not required in case of divorce by Mubarat.”
Sabah states that her case falls under the category of a single talaq where halala is not necessary and the couple can re-marry with a new marriage contract and new dowry.
Representing Sami, advocate Vibhav Krishna told the court that the first divorce was initiated by the wife in form of divorce by khulla (another form of divorce in Islam) and halala is compulsory in this case.
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.
