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1 - 8 of 8 (0.29 seconds)Shamim Ara vs State Of U.P. & Anr on 1 October, 2002
14. Per contra, Ms. Mondal contended that the trial Court committed error in
recording a prima facie satisfaction that marital tie between Ataur and the
opposite party no.1 had snapped and that the petitioners had been
successful in, prima facie, establishing their entitlement to the debts and
securities of Ataur. According to her, there was no 'talaqnama' and that
Ataur had never pronounced 'talaq'. She relied on the decisions reported in
(2002) 7 SCC 518 : Shamin Ara v. State of U.P. and anr., 2004 (3) CHN 417
: Mohinuddin Middya v. State of West Bengal and ors., and AIR 2004
Karnataka 261 : Mohd. Ibrahim v. Mehrunisa Begum on the principles of
law in respect of pronouncement and communication of 'talaq' and it was
submitted that pronouncement of 'talaq', if at all by Ataur, does not
amount to a valid 'talaq' in the light of such accepted principles and,
therefore, the contention of the petitioners that marriage between Ataur
and the opposite party no.1 had been dissolved is without merit. She,
accordingly, prayed for dismissal of the revisional application.
Article 227 in Constitution of India [Constitution]
Section 125 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 125 in The Indian Succession Act, 1925 [Entire Act]
Section 373 in The Indian Succession Act, 1925 [Entire Act]
Mohinuddin Middya vs State Of West Bengal And Anr. on 30 January, 2004
14. Per contra, Ms. Mondal contended that the trial Court committed error in
recording a prima facie satisfaction that marital tie between Ataur and the
opposite party no.1 had snapped and that the petitioners had been
successful in, prima facie, establishing their entitlement to the debts and
securities of Ataur. According to her, there was no 'talaqnama' and that
Ataur had never pronounced 'talaq'. She relied on the decisions reported in
(2002) 7 SCC 518 : Shamin Ara v. State of U.P. and anr., 2004 (3) CHN 417
: Mohinuddin Middya v. State of West Bengal and ors., and AIR 2004
Karnataka 261 : Mohd. Ibrahim v. Mehrunisa Begum on the principles of
law in respect of pronouncement and communication of 'talaq' and it was
submitted that pronouncement of 'talaq', if at all by Ataur, does not
amount to a valid 'talaq' in the light of such accepted principles and,
therefore, the contention of the petitioners that marriage between Ataur
and the opposite party no.1 had been dissolved is without merit. She,
accordingly, prayed for dismissal of the revisional application.
Mohd. Ibrahim vs Mehrunisa Begum on 27 November, 2003
14. Per contra, Ms. Mondal contended that the trial Court committed error in
recording a prima facie satisfaction that marital tie between Ataur and the
opposite party no.1 had snapped and that the petitioners had been
successful in, prima facie, establishing their entitlement to the debts and
securities of Ataur. According to her, there was no 'talaqnama' and that
Ataur had never pronounced 'talaq'. She relied on the decisions reported in
(2002) 7 SCC 518 : Shamin Ara v. State of U.P. and anr., 2004 (3) CHN 417
: Mohinuddin Middya v. State of West Bengal and ors., and AIR 2004
Karnataka 261 : Mohd. Ibrahim v. Mehrunisa Begum on the principles of
law in respect of pronouncement and communication of 'talaq' and it was
submitted that pronouncement of 'talaq', if at all by Ataur, does not
amount to a valid 'talaq' in the light of such accepted principles and,
therefore, the contention of the petitioners that marriage between Ataur
and the opposite party no.1 had been dissolved is without merit. She,
accordingly, prayed for dismissal of the revisional application.
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