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mohd nafees (hij)     07 May 2013

I m confused plz help?

Dear Sir,

I married in 2005 at my wife parenatl home Bhopal and after all efforts of 8 years my wife is not ready ti staying with me and my old parents at Kanpur,When i went to last time for rukhsati she and her family abused me and said if you want to live so leave your parents and live at her parenatal home when i denied so she filled a maintanance Crpc 125 case at bhopal court. I am suffering this condition from past 8 years menatally and she just want to harassing me as much as she.

Because I am a Muslim so finally I send a TALAQNAMA under muslim law 'sharih' Talaq AHSAN so my Question is my divorce has compleated? or I have to file also a divorce petition at BHOPAL or KANPUR?



 1 Replies

Tajobsindia (Senior Partner )     07 May 2013

1. In Talaq-e-ehsan if proof of arbitration and reconciliation are shown then it is valid form of divorce as per your Personal Law.

2. Hon'ble Apex Court in Shamim Ara case [(2002) 7 SCC 518] which demanded proof of arbitration and reconciliation, has been now made into a law of the land.

3. In Shah Bano case, (1985) 2 SCC 556, the Apex Court held that if a Muslim divorced woman is able to maintain herself, the husband's liability to maintain his former wife ceases with the expiration of period of iddat, but if she is unable to maintain herself after the period of iddat, she is entitled to have recourse to S. 125 of Cr.P.C.

4. It was, thus, held that there is no conflict between the provisions of S. 125, Cr.P.C. and those of Muslim Personal Law on this question. This decision led to some controversy as to the obligation of a Muslim husband to pay maintenance to the divorced wife.

5. Your questions answers are in fact, contained in two Supreme Court decisions in Danial Latifi case [(2001) 7 SCC 740] and Shamim Ara case, [(2002) 7 SCC 518].

hence suggested to discuss if your divorce is complete or not based on proof (if any which are special facts to you) following of arbitration and reconciliation and validity of S. 125 CrPC further based on above two Apex Court leads with your advocate.

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