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IN THE HIGH COURT OF JUDICATURE AT PATNA
P.B.Bajanthri, S.B.Pd.Singh
Shams Tabrej, son of Atikur Rahman @ Javed – Appellant
Versus
Isarat Jahan, daughter of Sk. Mokhtar – Respondent
| Table of Content |
|---|
| 1. grounds for divorce under muslim law (Para 2 , 3) |
| 2. respondent's claim of continuing marriage (Para 5) |
| 3. testimony on marital conflict and divorce (Para 6 , 7 , 8) |
| 4. trial court's dismissal of appeal (Para 9) |
| 5. arguments from both parties (Para 10 , 11 , 12) |
| 6. examination of validity of 'talaq' pronouncement (Para 13 , 14) |
| 7. requirements of 'talaq' under mohammadan law (Para 15 , 16 , 17) |
| 8. appeal dismissal and affirmation of trial court (Para 18 , 19) |
JUDGMENT :
S. B. PD. SINGH, J.
Heard the parties.
2. The present appeal has been filed under Section 19(1) of the Family Court Act, 1984 impugning the judgment and decree dated 28.02.2017 passed by learned Principal Judge, Family Court, West Champaran at Bettiah in Title Suit No. 198 of 2007 filed under Section 308 of the MUSLIM LAW and under Sections 7(1)(A) of the Family Court’s Act for declaration of divorce since 08.10.2007 on the basis of pronouncement made by the appellant to the respondent, which was dismissed by the Family Court.
3. The case of the appellant as per petition filed before the Family Court is that the appellant-Shams Tabrej has filed a petition under Section 308 of the MUSLIM LAW and 7(1)(A) of F
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