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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
N.UNNI KRISHNAN NAIR
Firduja Begum, W/o Md. Manirul Ali – Appellant
Versus
Union Of India – Respondent
JUDGMENT :
N. UNNI KRISHNAN NAIR, J.
Heard Mr. M. Islam, learned counsel for the petitioner. Also heard Mr. K. Gogoi, learned CGC appearing for the respondent nos. 1 to 3 and Mr. M. Hussain, learned counsel appearing for the respondent nos. 4 & 5.
2. The petitioner, by way of instituting the present proceeding, has prayed for the following reliefs: -
(i) a writ in the nature of Certiorari directing the respondent authorities to set aside and quash the impugned letter/order dated 22.02.2020 (Annexure-1) as the same is in gross violation of the principles of natural justice and de hors the rights of the petitioner, and/or
(ii) a writ in the nature of Mandamus directing the respondent authorities to declare that the Talak-i-Bian (Affidavit) by which the petitioner was purportedly given Talak by the respondent No. 4 is null and void and has no force in law, and/or
(iii) also a writ in the nature of Mandamus directing the respondent authorities to declare that the second marriage contracted by the petitioner’s husband with the respondent No. 5, Mrs. Surmila Begum is violative of the rule-15 of the CRPF Rules of 1955, and the same is to be declared as null and void, and/or
(iv) further a writ
Divorce under Muslim law must comply with established procedures, including notice and reconciliation, rendering any improper Talaqnama invalid.
Point Of Law: If a Muslim woman has been divorced, she would be entitled to claim maintenance from her husband under Section 125 CrPC after expiry of period of iddat also, as long as she does not rem....
Maintenance - Provisions of Section 125 of the Cr.PC must be interpreted in the light of the fact that the Muslim husband, unlike the husbands in any other religion, has a unilateral right to divorce....
FIR cannot be quashed when charge-sheet has already been filed by prosecution.
FIR cannot be quashed when charge-sheet has already been filed by prosecution.
The validity of Talaq in writing and the entitlement to maintenance under Sec. 125 of Cr.P.C.
The validity of talak communicated through the written statement, entitlement of the first wife to family pension, and the right of a divorced Muslim woman to claim maintenance under sec. 125 CrPC.
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