Monday, September 5, 2022

Muslim Husband Cannot Avoid His Liability To Maintain Unless Divorce Is Validly Pronounced And Properly Communicated : J&K&L High Court

Deciding the matter the bench observed that it is clear that for a Muslim husband to avoid his liability to maintain his wife on the ground that he has divorced his wife, he has not only to show that the divorce is validly pronounced in accordance with Muslim law but he has also to show that the said divorce has been communicated to the wife.
Explaining the said position of law the bench recorded the observations of the supreme court in Shamim Ara v. the State of U.P. and another, (2002)wherein SC observed.

The bench also placed reliance on a Judgement of the J&K High Court in Mohd. Naseem Bhat v. Bilquees Akhter and another wherein Court observed that for a husband to wriggle out of his obligations under marriage including one to maintain his wife, claiming to have divorced her has not merely to prove that he has pronounced Talaak or executed divorce deed to divorce his wife but has to compulsorily plead and prove the following:-

I) that effort was made by the representatives of husband and wife to intervene, and settle disputes and disagreements between the parties and that such effort for reasons not attributable to the husband did not bear any fruit.

II) that he had a valid reason and genuine cause to pronounce divorce on his wife.

III) that Talaak was pronounced in the presence of two witnesses endued with justice.

IV) that Talaak was pronounced during the period

No comments:

Post a Comment