could not be ascertained whether the necessary procedure
of a valid talaq has been followed or not. Hence the OA.
3. The respondents in their ... reference to the
relevant legal position. The prescribed procedures of a
valid 'Talak" could not be comprehended to have been
followed. Hence this
ewhether the fact of the
divorce/talaq on. 1 01, 2017 i is true, correct and valid under
the relevant law.
7. From the above
under the Dissolution of Muslim Marriages Act . Usman remained ex-parte and valid decree was passed on 7.1.2002 dissolving the said marriage ... Rawther was infact registered in the jama-ath that too validly after submitting talaq nama, relating to the first marriage of the complainant
provide divorce/Talaq certificate duly issued
by competent court. The respondents have not considered
the Talaqnama issued by Kazi as a valid document. Hence
this
first wife as per his
personal law by way of "triple talaq" on 9.8.2011, however, he was forced to stay
with his first ... mandatory
conditions based on which a marriage can be described as valid, irregular and void
ab initio respectively. Further, it is stated that the Holy
Smt Sheikh Bilkish Bano vs South East Central Railway on 7 November, 2024
1 OA
that the insistence for divorce decree issued
by the competent court indicating valid dissolution of marriage for
grant of benefit of family pension ... daughter would
not be justified since the customary divorce by way of talaq is
unequivocally recognized under Islamic Law as like customary
divorce under
acceptance oP'Denm^ehor/ has-been recognised
s--
r.
as a valid instrument, of dissolving marriage [Khola divorce] under Muslim ... Muslim Personal Law and under the
Shariat a husband can give talaq by executing talaqnama as per procedure
prescribed under the Muslim Personal Law-Insistence
applicant was separated due to Written Talaq
given by her husband. Therefore, the separation and the customary
Talaq is not in dispute. Hence the applicant ... that the
insistence for divorce decree issued by the competent court indicating
valid dissolution of marriage for grant of benefit of family pension
nullity and does not refer to any authenticated evidence of talaq.
In contempt application^the role of the Tribunal is limited to examining ... eonk relief by eatebiiohine
fU.-
her case on the basis of a valid marriage with the ex-employee of the respondent
authorities and to claim
