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Mukhtar Shaikh Aref Shaikh vs Dr Sameena Shahin Salim Shaikh And Anr on 15 March, 2023 cites

Karim Abdul Rehman Shaikh vs Shehnaz Karim Shaikh & Others on 11 July, 2000

7. The full bench of this Court, in the above case, has laid down the procedure for a valid divorce by a Muslim husband. The husband claimed that he had served his wife a written talaqnama, which is legal and valid. Testing his evidence on the anvil of the requirement of a valid divorce, the Court is of the view that he failed to prove that he gave a valid talaq to his wife. The validity of talaq was raised before the Family Court. It goes to the root of the jurisdiction of the family. Provisions of Section 125 Cr.P.C. is a social justice legislation. A distinct approach has to be adopted while dealing with such applications. The said section has imposed certain conditions to get the maintenance. If the wife claims maintenance under the said section, she must be a legally wedded wife or a wife on the date of filing the application. Unless she is disqualified, she is entitled to maintenance. Hence, the learned Judge, Family Court, appears to have correctly examined the validity of the alleged talaqnama and correctly concluded that it was not legal and valid. The reasons for invoking or having jurisdiction to entertain such an application also appear correct and legally acceptable. The Court agreed with the view taken by the Family Court.
Bombay High Court Cites 44 - Cited by 23 - R P Desai - Full Document
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