Upgrad LLM

talaq notice. mohd., law: without conciliation talaq notice

practicing advocate

KCCR 2010 PAGE nO: 3190    

 

SEC: 3 Muslim women (Protection of Rights on Divorce) Act. Mere sending a Talaq Nama to the Masjid or payment of Mahar without any attempt of re-conciliation between the husband and wife through mediator amount to no divorce or Talaq.

According to this judgment if there is no conciliation between the husband and wife thru., mediator , mere sending of Talaq Nama to the Masjid or payment of Mahar, amounts to no divorce and the marriage between them subsists and sec 125 of Cr.P.C. is applicable.

 
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Advocate

I am of the view that the traditional Muslim Law of talaq has stood unchanged and is manifested from the case of Zohara Khatoon as reported in AIR 1981 SC 1243 that claerly lays down three distinct modes of talaq. That provisions of Section 3 of the Muslim women (protecrion of Rights of Divirce) Act of 1986 is a sequel to the Classic and Courageous decision of Supreme Court of Shah Bano Begum, and the statements of law of Muslim on Talaq remain unchanged that is unilateral power of the husband rights tro divorce his wife by simple declaration and I dont see any modes of reconciliation before divorce. Rajeev, grateful if you can post the said judgment in the forum for the members.

 
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