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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
| Table of Content |
|---|
| 1. legal basis for petitioner's claims. (Para 2 , 3) |
| 2. arguments against validity of divorce. (Para 4 , 5 , 6) |
| 3. arguments contesting the validity of the talaq. (Para 7) |
| 4. arguments from respondents on validity of divorce. (Para 8 , 9 , 10) |
| 5. court's observations on evidence and previous proceedings. (Para 11 , 12 , 13) |
| 6. legal stance on notarization of divorce. (Para 14 , 15) |
| 7. principles governing triple talaq. (Para 16 , 17) |
| 8. legal requirements for valid divorce articulated. (Para 20) |
| 9. conclusion on status of talaq. (Para 21 , 22) |
| 10. court's decision on petitioner's status. (Para 24 , 26) |
| 11. order for re-incorporation in service records. (Para 28 , 29 , 30) |
| 12. formal closure of the proceeding. (Para 31) |
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
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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