that no cause was shown in the
communication of talaq to justify the pronouncement of talaq.
Ext.D1, it is claimed by the petitioner ... communication of
talaq and no attempts for reconciliation by the arbiters having
preceded the pronouncement of talaq, the alleged talaq is not
valid and cannot
semblance of evidence adduced to
show that there has been a valid Talaq. After the decision in
Shamim Ara v. State ... below that there is nothing to show that a valid
divorce by pronouncement of Talaq had taken place in
accordance with the Muslim Personal
view that the plea in the plaint and
counter statement constituted a valid divorce. It is true that
there was some confusion relating ... talaq. It is
for the husband to prove that there in fact was a talaq in
accordance with law on the date of talaq pleaded
first claimant/wife had already divorced by him by
pronouncement of talaq. Significantly no evidence whatsoever
was adduced in support of that assertion. Maintenance ... does, of
course, raise a contention that there was a valid talaq. But
significantly not a semblance of material is produced to
substantiate the plea
petitioner submits that
the petitioner/appellant had contended that there was a valid
divorce. Absolutely no documents have been produced. Except
the self-serving assertion ... there is no
material to show that any valid dissolution of marriage by
pronouncement of talaq had taken place in compliance with the
Mat.Appeal
contended that the wife had some mental aberrations
and that that constituted valid reason for divorce. He further
contended that prior to the divorce, there ... that a unilateral divorce by the husband by pronouncement
of talaq to be valid must satisfy the following ingredients:
i) There must be a reasonable
were marked.
Ext.B1 is a letter under which the unilateral talaq pronounced by
the petitioner was conveyed to the claimant/wife ... learned Judge found that no
valid reason is even advanced in the letter of talaq. The learned
Judge further found that no arbitration/mediation
courts below ought to have noted that there is no
valid divorce and the claimant is not hence entitled to claim
amounts as a divorced ... divorce by the husband to be valid, there must be a
reasonable cause and the pronouncement of talaq must be
preceded by an attempt
evidence to support and
establish his contention that there was a valid divorce. In these
circumstances, the court below came to the conclusion that ... course have in his armory an extra judicial right to pronounce
talaq and liquidate the marriage. But it is incumbent that he
must prove that
P.Mohamed Yousuf Alias Yousuf vs Sufainath on 1 July, 2009
Bench: R.Basant , M
