sole ground that when the
application for maintenance was moved already, talak was pronounced and she was no more the
married wife of the petitioner ... impugned order that no witness was examined to prove the factum of talak nor the factum of the
communication of the talak. The observation
charge-sheet on
the grounds that this is a case where khola talak was given by the defacto-
2
complainant herself and nearly one year ... that the allegations are absolutely false
and suppressing the factum of khola talak the FIR was lodged. According to the
Learned Counsel of the petitioner
gone through the materials on record, I find that the
question of Talak has been disputed by the wife/opposite party and on the face ... dispute nothing has been brought on record to establish the factum of
Talak. Thus, without the factum of Talak being proved there is no question
fact already she has been divorced by the
petitioner, who gave her talak and furthermore after such talak
she has re-married but suppressing those ... petitioner is able to prove that there is legal and valid
talak, then the Learned Magistrate shall proceed in terms of
the provision of Muslim
already be has divorced the opposite party-wife by pronouncing
a 'Talak'. The question of talak is a pure question of fact ... factum of 'talak'
has to be proved during the proceedings under Section 125 of the Code of
Criminal Procedure to deny maintenance
upon her to bring more
money and threatened to give her 'Talak' in case money is not brought
and about 2 years
Lawyer, Sri Susanta Dutta has
claimed that she had been given 'Talak' by the accused no. 1
on 25.09.2003 and that ... would
immediately vacate the flat and also not deny their story of
talak. The petitioner refused to bow down to their threats and
demanded return
petitioner
that after breaking the marital tie with the petitioner by
pronouncing Talak, the opposite party herein on September
12, 2009 instituted a criminal case ... marital
tie between the parties has been dissolved by pronouncement
of Talak or not is a pure question of facts and is a matter
petitioner was the former
husband of the victim housewife and after giving Talak to her, taking advantage of the fact that
she was alone
facto complainant has been
dissolved by pronouncement of "Talak".
Merely because after the registration of a case for an offence
punishable under Section
