Justice R.C. Lahoti, Justice P.Venkatarama Reddi
State of U.P. & Anr.
Whether a written statement by the husband that he had separated from his wife (without imparting the separation to her) would add up to a divorce effective from the date of documenting of the written statement?
The Supreme Court held that a simple plea of talaq in answer to the procedures filed by the wife for maintenance can't be treated as a proclamation of talaq and the responsibility of the husband to pay maintenance to his wife doesn't conclude such correspondence. For separation to be substantial, talaq must be articulated according to the Quranic injunction.
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