Nama under the plea that she is already divorced and a triple talaq has
been pronounced on her, therefore, it was incumbent on her part ... agreement
with the learned Chief Justice. However, on the statement that triple talaq
is an integral part of the religious practice, I respectfully disagree. Merely
marriage between the first petitioner and the respondent was dissolved by pronouncing talaq and the respondent has filed a suit ... judgment and decree to declare the letter dated 08.11.2012, pronouncing Talaq against her as null and void and for restitution of conjugal rights
parties may
proceed to a dissolution of the marriage by 'Talaq' or
by 'Khola'. . . Consistently with the secular concept of
marriage ... divorce, the law insists that at the time of
Talaq the husband must pay off the settlement debt to
the wife and at the time
Delhi and others) for the principle that the word 'Talaq' as declared by the Honourable Apex Court must be for a reasonable cause ... husband family and it is only if their attempts fail, 'Talaq' may be effected.
13. The learned counsel for the appellant would also
manifest arbitrariness to the case at hand, it is
clear that Triple Talaq is a form of Talaq which is itself considered to be
something ... Sunna, being an
irregular or heretical form of Talaq. We have noticed how in Fyzee's
book (supra), the Hanafi school of Shariat
addressed to the wife intimating her that the husband is pronouncing triple-
talaq. Whether sending of notices alone can be construed as amounting ... been brought to a grinding halt. Three conditions
required to pronounce triple-talaq have been the subject matter of judicial
decision
favour and against the defendant
thereby declaring that there is valid talaq / divorce under the Muslim Law
between the plaintiff and defendant and there ... parties to the suit from the date of pronouncement of
triple Talaq in accordance with the Muslim Law on 10/06/1998 and the defendant
pages
Mohd. Arif Vs. Nasreen
29.11.2008 by service of Talaq nama through his counsel vide speed post.
3. It is stated that cause of action ... contents of the plaint is reiterated. As regards the basic requirements
of Talaq not having been fulfilled, it has been stated by the plaintiff that
Cobra created hurdles and finding no way, on 11.07.2005 the
respondent proclaimed talaq in the presence of witnesses and a notice was
sent ... brotherinlaw of the
respondent deposed that the respondent proclaimed triple talaq to the
petitioner in his presence on 1172005 and talaqnama
stated to be in force whereby it was assured that no
talaq or threatening for talaq can be given ... learned Family Court,
Cuttack, in his reply dated 03.07.2012 he submitted
that talaq has been given to Rashmi Roshan @ Nigar on
01.09.2009 as per Hanif
