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
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
copy of the Fatwa. He submits that after the aforesaid validly given Talaq given by the applicant no. 1 to the opposite party ... 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
written statement is not sufficient to hold that it is a valid Talaq as follows (Para 16) :-
We are also of the opinion, that ... plea in the written statement is not sufficient to hold that Talaq is valid. In this case there is nothing on the record to show
understood by the Privy
Council in Rashid Ahmad (supra), such Triple Talaq is valid even if it
is not for any reasonable cause, which view ... judgment cited above. An arbitrary, instant or
irrevocable talaq is not a valid one. It must be for a reasonable cause
anteceded by attempts
efforts having
been made to reconcile the spouses, this form of talaq is
valid, is based on a misunderstanding of the law”
Different Modes ... understood by the Privy Council in
Rashid Ahmad, such Triple Talaq was valid even if it was
not far any reasonable cause, which view
hearing, it was
submitted, that the ‘talaq-e-biddat’ (-triple talaq),
pronounced by her husband is not valid, as it is not a part ... light of Shariah through tripel talaq by
uttering ‘I give talaq’, ‘I give talaq’, ‘I give talaq’. From
today the relation of husband and wife
held that the form of talaq saying three times-talaq
talaq talaq is arbitrary and this form of talaq is also violative ... understood by the Privy Council in Rashid
Ahmad (supra), such Triple Talaq is valid even if it is not for
any reasonable cause, which view
Personal Law, the practice
of Talaq-e-Biddat or triple talaq and held that the practice of triple talaq,
that is, instant, irrevocable, unilateral divorce ... such Triple Talaq is valid even if
it is not for any reasonable cause, which view of the law no
longer holds good after Shamim
