amount claimed. It was also contended that
dissolution was by talak and petitioner is not liable
to pay any amount as claimed.
4. Learned Magistrate ... statement filed before the Magistrate, petitioner
specifically contended that dissolution was by talak,
he is not entitled to contend otherwise before this
court and therefore
respondents
2 and 3. Though he contended that he had pronounced
Talak, absolutely no evidence to substantiate the said
contention. So long as the marriage ... husband to prove that he had pronounced a valid
Talak and the said Talak was accepted by the wife. The
specific contention
appellant, while impugning the
aforesaid judgment, contended that there is no valid talak as held
by the Apex Court in Shamim Ara (supra ... evidence would show that none
of the conditions imposed for a valid talak has taken place
between the parties. Further, sufficient evidence was available
appellant, while impugning the
aforesaid judgment, contended that there is no valid talak as held
by the Apex Court in Shamim Ara (supra ... evidence would show that none
of the conditions imposed for a valid talak has taken place
between the parties. Further, sufficient evidence was available
states thus at page 325, paragraph 308.--
"308. Divorce by talak.-- Any Mahomedan of sound mind, who has attained puberty, may divorce his wife ... mubara'at.-- (1) A marriage may be dissolved not only by talak, which is the arbitrary act of the husband, but also by agreement
that as the husband had not divorced the wife by pronouncing "talak" (talak, when it becomes irrevocable, puts an end to conjugal relationship ... according to any of the forms approved by the Mahomedan law, viz., Talak ahsan, which consists of a single pronouncement of divorce during tuhr (period
Magistrate accepting
the case of the husband that there was no proper talak under the
Crl.R.P.218/02 - 2 -
Muslim law and thereby ... written
document and so much so, the contention of the husband that talak
was pronounced only two times and thus it was ineffective
pronouncing Talak on her and this fact was made known to her
also. The first petitioner is not entitled to get maintenance
allowance from ... also contended that though the
respondent claimed that he had pronounced Talak and thereby he
divorced the first petitioner, the court below found that
CPW1 establish that Rs.30,000/- was paid at the time of Talak as
reasonable provision for future maintenance of the dissolved
wife and learned ... maintenance. That liability
and payment continued even after 13.10.1998, the date of Talak.
In fact, O.P.300 of 1999, evidenced
dissolved, has not chosen to produce copy of
the letter of divorce(talak) or anything to show that such letter
of talak had been communicated ... establish such divorce satisfactorily. He
must show that he had pronounced the talak and intimated the
talak to his wife. There is not a scintilla
