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9. The complainant/respondent No.3 has filed her return denying allegation made in the petition contending that the petitioner and his family members from the very next day of the marriage started abusing her for not fulfilling the unwanted demand of dowry. They have tried to dissolve the issue and they have given a car at the time of her marriage. It has been further submitted that sufficient material is already on record before the trial court to prove the guilt of the petitioners, therefore, present petitions are not tenable and deserve to be dismissed. It has been further contended that since the petitioner and respondent No.3 are governed by Shariat Law and as per Shariat Law the husband has to give "Meher" amount to the wife at the time of giving divorce which was not yet given to her, therefore, Talaq given through social media in Watsapp is not proper and is not legally valid Talaq as per Muslim Law. Petitioner has not followed the procedure of Shariat Law, therefore, Talaq given in Watsapp is not legal. It has been further submitted that respondent No.3 has also filed a complaint under the Protection of Women from Domestic Violence Act, 2005 which is registered as case No; 90 o 2017 before the learned Family Court (Zarinaaz Answari vs. Mohd. Akhtar Mansoori and others) and leaned Family Court vide its order dated 25-1-2018 has directed to pay Rs.5000/- per month for maintenance to respondent No.3 and would submit that since Talaq has not been done as per Shariat Law, therefore, contention of the petitioners that since the petitioner has already given divorce, is not maintainable and the instant petitions deserve to be dismissed by this court.

17. I am of the considered view that the alleged Talaq is not a valid Talaq as it is not in accordance with the principles laid down by the Supreme Court. If there is no valid Talaq the relationship of the wife with her husband still continues and she cannot be treated as a divorced wife. She can be treated as only a deserted wife".

14. Since the constitutional Bench of Hon'ble Supreme Court has held that the triple Talaq is invalid and illegal, therefore, contention of the petitioner that after divorce/triple Talaq, respondent No.3 cannot file a complaint under Section 498-A of Cr.PC., is not acceptable. Hon'ble igh Court of Jammu and Kashmir in CRM (M) No. 308 of 2019 ( Showkat Hussain vs. Nazia Jeelani, while considering the judgment passed by Hon'ble Supreme Court in Shayara Bano (supra) has held that judgment is retrospective effect and therefore, divorce given in the year 2014 cannot be said to be legally divorce. Hon'ble High Court of Jammu and Kashmir and Ladak at Srinagar, in its judgment decided on 16-8-2021 has held in paras 2 and 3 which are extracted as under.