A dissolution of Muslim marriage by way of divorce or talaq must be based on reconciliation as mandated by Quranic text followed by commentaries on the topic by the various eminent legal personalities.

1. Before delving upon to resolve the issue raised in the instant revision petition, it is considered that the judgment will be benefited if the status of Muslim women, vis-a-vis, the scope and effect of valid divorce as mandated under the Mohammadan law is highlighted. The same is, accordingly, discussed hereunder.

2. During the early period of Islam, Muslim women were held in high esteem and they occupied exalted positions and in the days of Holy Prophet Mohammad, a Muslim woman was given in the society a position of equality with the opposite gender. Equal treatments were meted out to the women. The ladies of the family of the Prophet were noted for their learning, their virtue, courage and their strength of character. (See S.A.Kader’s Muslim Law of Marriage and Succession in India, p. 80-81)

3. Even, in the terms of modern concept of giving gender justice, which is essential, integral and inseparable part of human rights, women, who form one half of the human race, have every right to claim equality before law and equal protection of laws as envisaged under Article 14 of the Constitution of India.

4. Therefore, when women have the right to marry, they have also the right to be maintained by their husbands. This right has been emphasized in Article 6(1) of Universal Declaration of Human Rights adopted and proclaimed by the General Assembly of the United Nations on 10th December 1948 declares thus:-

"Men and women, of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution."

5. The Verse 35 Sura Al-Ahzab (35) of the Holy Quran would clearly show that how the women were treated as equals with men. The Verse 35 reads thus-

"For Muslim men and women,

For believing men and women,

For devout men and women,

For true men and women,

For men and women who are

Patient and constant, for men

And women who humble themselves,

For men and women who give

In charity, for men and women

Who fast

For men and women who

Guard their chastity, and

For men and women who

Engage much in Allah’s remembrance

For them has Allah prepared

Forgiveness and great reward."

6. However, in post-Islamic period, it is seen that the degradation and degeneration set in, in the status of women. In male-dominated world, Muslim women were pushed to the whims and fancies of the men-folk and this is reflected primarily in the case of dissolution of marriage, i.e., divorce, which is known as `Talaq’ in Arabic meaning. The doctrine of talaq-ul-bidet (triple talaq-one form of talaq) was evolved as a convenient divorce to dissolve the marriage at the will and whims of the Muslim husband.

7. None the less, it is incumbent on the part of Muslim husband to maintain his wife so long as she is loyal and faithful to him and obeys his reasonable orders. But once she is divorced, she is entitled to maintenance as per law being in force in India, i.e., Muslim Women (Protection of Rights on Divorce) Act, 1986.

8. In the above background, it is to be considered that under what circumstances a Muslim married woman can be divorced and what are the essential conditions for causing divorce and procedure to be followed to effect a valid divorce.

9. The instant revision petition witnesses the deliberation of these fundamental issues pertaining to the validity of the pronouncement of the divorce to a Muslim woman, vis-a-vis, her entitlement to maintenance, as married woman. "Maintenance" includes food, raiment and lodging (Mulla-Mohammedan Law, para-369)

(B) Factual Matrix in brief outlined:

10. The petitioner herein was married to the respondent on 12.5.1991 and the marriage between them was solemnized according to Muslim rites (Sharah Mohmdi) at Incha Mohra Kula Tehsil Ramnagar. After marriage, both of them lived like husband and wife at the respondent’s residence. As luck would have it, the petitioner’s marriage life experienced turbulence. She was me