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1 - 9 of 9 (0.25 seconds)Sheikh Mohammad Shafi vs Mehmooda on 6 November, 2017
20) In the instant case, the document dated 10.01.2019, has come into
existence only after the filing of petition by respondent No.1 before the
learned trial Magistrate. The petition was filed by respondent No.1 on
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11.12.2018 whereas the document, on the basis of which the petitioner
claims to have divorced respondent No.1, has come into existence only
on 10.01.2019 i.e., well after the institution of the petition. Besides this,
the very communication of the divorce to respondent No.1 is in dispute
in the instant case and there is nothing on record to even prima facie
show that the Talaq Nama has been conveyed to respondent No.1.
Therefore, the ratio laid down in the aforesaid cases is not applicable to
the facts of the instant case.
A. Yousuf Rawther vs Sowramma on 24 June, 1970
10) In Yousuf Rawther v. Sowramma, AIR 1971 Ker 261, the
eminent Judge and jurist V. R. Krishna Iyer-J, as His Lordship then
was, has, while discussing the concept of divorce under Muslim Law,
observed as under:-
Shamim Ara vs State Of U.P. & Anr on 1 October, 2002
"36. The Supreme Court made it clear in Shamim
Ara (supra) that a talaq, to be effective, has to be
pronounced. The manner of pronouncement of oral
talaq also brings in differences in hanafi and ithna
ashari schools. For one, the latter requires the
presence of two competent witnesses, while the
former does not. Then there is the issue of
communication. A talaq may be pronounced in the
absence of the wife. But, does it not need to be
communicated to her? As discussed above,
pronouncement of talaq materially alters the status
of the wife. Her rights and liabilities flow from the
nature of the talaq. Is it a revocable talaq or is it
an irrevocable talaq? Then there is the question of
iddat. Her right to residence. Her right to
maintenance. Her right to mahr (if deferred).
Custody of children, if any. Her right of pledging
her husband's credit for obtaining the means of
subsistence. How would she know that it is time for
her to exercise these rights (or time for her not to
exercise them, as in the case of pledging her
husband's credit) if she does not even know that
her husband has pronounced talaq? So, linked
with the question of her rights is the issue of
communication of the talaq to her? Furthermore,
as pointed out above, the iddat period, in the case
of a revocable talaq, is also a period during which
the husband and wife have a re-think and
attempt reconciliation. How would this be possible
if the husband pronounces talaq secretly and does
not at allinform the wife about it? Consequently,
while it may not beessential that the talaq has to be
pronounced in the presence of the wife, it is
essential that suchpronouncement, to be effective,
is made know to her, communicated to her, at the
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earliest. Otherwise she would be deprived of her
rights post talaq and pre-dissolution. What is the
earliest will depend on the facts andcircumstances
of each case and would necessarily be a function
of the access to communication that the husband
and wife have. In the modern day, where every
nook and cranny has landline or cellular coverage,
in almost every case it would mean the same day.
Mr. Ali Abbas Daruwala vs Mrs. Shehnaz Daruwala on 4 May, 2018
14) In Ali Abbas Daruwala v. Mrs. Shehnaz Daruwala (WP
No.114 of 2018 decided on 04.05.2018), the Bombay High Court
while dealing with the plea of divorce raised by husband in the said
case, in lightof the provisions of the Domestic Violence Act, observed
as under:-
Shayara Bano vs Union Of India And Ors. Ministry Of Women ... on 22 August, 2017
15) From the analysis of the law laid down in the foregoing
judgments, 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, 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.
Bashir Ahmad Mir vs Mst. Batool on 16 March, 2021
6) learned Senior counsel appearing for the petitioner while arguing
that respondent No.1, having been divorced by the petitioner in terms
of communication dated 10.01.2019 issued by Anjuman Sharie Shiaan
J&K, is not entitled to any maintenance from the petitioner, has relied
upon the ratio laid down by this Court in the judgments delivered in the
case of Bashir Ahmad vs. Mst.
Masroor Ahmad vs The State (Govt Of Nct Of Delhi) & Anr on 19 January, 2022
12) In Masroor Ahmed v. State (NCT of Delhi) & another, ILR
(2007) II DELHI 1329, Badar Durrez Ahmed-J, as his Lordship then
was, while holding that communication of talaq to wife is a vital
ingredient of pronouncement, made the following observations: -
Jamurad Begum vs Nazar Hussain And Another on 30 December, 2020
In my aforesaid view I am
supported by the judgments of this Court in the case of Mushtaq Ahmad
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Badyari vs. Ruquya Akhter (CRMC No.412/2018 decideed on
12.11.2020) and Jamurad Begum vs. Nazar Hussain and another
(CRM(M) No.357/2020 decided on 30.12.2020). It is pertinent to
mention here that the ratio laid down by this Court in Jamurad Begum's
case has been upheld by the Supreme Court and the Special Leave
Petition against the said judgment has been dismissed by the Supreme
Court in terms of order dated 02.02.2022 passed in petition for Special
Leave to Appeal (Cri.) No.252/2022.
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