Talaq
other than a triple Talaq.
Section 6 states that if a person under compulsion or
duress pronounces a Talaq it will be valid ... considered by the
learned Judge was whether there had been a valid Talaq
of the wife by the husband under the Muslim law. The
learned
void. On the other hand Shri Muchala contended that for a valid talaq there is no such condition precedent.
It is argued by both ... period of menstruation on the date of the talaq, the talaq, is not valid. The plaintiff has stated in her evidence
another : AIR 2002 S.C. 3551 laying down the
condition for valid Talaq has not been complied with. The allegations
were denied as far from ... adultery was not made out and further the pre-requisite of valid Talaq,
namely, Talaq being for a reasonable cause and that it was preceded
other hand Mr. Muchala contended that for a valid for a valid talaq there is no such condition precedent.
15. It is argued by both ... period of menstruation on the date of the talaq, the talaq, is not valid. The plaintiff has stated in her evidence on 15.7.1984 that
established, learned Court below has rightly
considered the factum of valid Talaq and has rightly ordered
maintenance pursuant to the provisions of Section ... 1999, as such, before the
verdict, there was valid Talaq and as such, present petition deserves
rejection.
14. While dwelling upon the submissions made
uttering 'Talaq Talaq Talaq', he divorced the
defendant and has given intimation of Talaq together with
iddat period money to defendant through post ... just by uttering the word 'Talaq' thrice by husband will not
make the Talaq a valid one.
21. Nothing was elicited
when the husband pronounced Talaq and his so
pronouncing Talaq, are required to be proved if the factum of
valid Talaq is questioned ... sanctity in support of a valid Talaq. Mere
existence of this document does not make the Talaq valid or
legal and, therefore, it is necessary
Rukia Khatun's case prescribed two conditions for a valid 'talaq' they
are:-
"(i) Talaq must be for a reasonable cause ... regarding the conditions for pronouncing a valid 'talaq'
can at no stretch of imagination be considered as obiter dicta. It clearly laid
down
examined the
preconditions for a valid talaq in Muslim Personal Law. The Supreme
Court referred to the observations of Justice Khalid in the case ... question posed before the High Court was whether there has
been valid talaq of the wife by the husband under the Muslim Law? The
learned
service of the same on the party cannot be treated a valid talaq since such a communication cannot be taken as correct ... considered view that the alleged talaq is not a valid talaq as it is not in accordance with the principles laid down by the Supreme
