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
have failed, the parties may proceed to dissolution of the marriage by talaq or by Khola"
(Underlining supplied)
16. The Supreme Court in Shamim ... question posed before the High Court was whether there has been valid talaq or the wife by the husband under the Muslim Law? The learned
specifically provided the guidelines for
holding a talaq as a valid talaq and
consequences thereof. The Court below has
misinterpreted the law as such committed ... petitioner is to be
treated as wife till the divorce is validly proved
and the Court below keeping the alleged
divorce to the subject
Court has clearly laid down the law and
procedure for the valid Talaq/Divorce under Mohammadan Lal. A bare
perusal of the document dated
triple-talaq. The relevant observation
reads as under:
?The correct law of talaq as ordained by the Holy Quran is that talaq
must ... 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
proved by the husband in order to prove a valid talaq. The perusal of the
objections filed by the petitioner-husband in the trial court ... between the parties in the
year 2014 and whether there was valid talaq and whether talaqnama was
communicated to the respondent are the disputed questions
husband had pronounced Talaq in the presenceh of two witnesses in a simple sitting in Talaq-ul-biddat or Talaq-i-badai form Plea ... efforts having been made to reconcile the spouses, this form of talaq is valid, is based on a misunderstanding
There is no iota of evidence on record
to show that the Talaq was preceded by an attempt for
reconciliation by an Arbitrator. The respondent ... Talaq. The conditions
preceding to the stage of giving of Talaq are also
required to be proved. In the present case, whether
the Talaq
give
Talaq to his wife. The stage of conciliation with the
intervention of the arbiters is a condition precedent for
effecting Talaq either in Ahsan ... requirement of a valid divorce, the Court is of the view that he failed
to prove that he gave a valid talaq to his wife
talaq'. However, on assumptions and presumptions, the Magistrate simply discarded such evidence of 'talaq' having been validly pronounced by the revision petitioner ... application of law in holding that there was no valid pronouncement of 'talaq' by the revision petitioner as against the respondent and whether
