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HIGH COURT OF JAMMU AND KASHMIR
FAYAZ AHMAD WANI – Appellant
Versus
HAMEEDA – Respondent
JUDGMENT :
1. Setting-aside of the Order dated 24th October 2018, passed by the court of Additional Sessions Judge, Pulwama (for short “Revisional Court”) in a Revision Petition titled as Mst. Hameeda v. Fayaz Ahmad Wani, is sought for by petitioner on the grounds mentioned in instant petition.
2. I have heard learned counsel for parties and considered the matter.
3. Respondent (Mst. Hameeda) filed an application under Section 488 of the Code of Criminal Procedure (J&K) for maintenance way back in the year 2009, before the court of Judicial Magistrate 1st Class (Munsiff) Pulwama (for short “Trial Court”). The said application was decided vide ex parte judgement dated 14th December 2009. Revision against ex parte judgement was preferred, which was, however, dismissed on 9th August 2012. A petition under Section 561-A, Cr.P.C., bearing 561-A no.185/2012 was preferred before this Court, in which an order dated 3rd July 2013 was passed directing the Trial Court to decide the application under Section 488 Cr.P.C. on merits after providing opportunity of hearing as well as recording evidence of either side.
4. The Trial Court vide order/judgement dated 5th February 2018 dismissed respondent’
A husband must prove specific conditions for a valid divorce under Shariat Law to escape maintenance obligations, including reconciliation efforts and adherence to prescribed procedures.
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....
The validity of Talaq in writing and the entitlement to maintenance under Sec. 125 of Cr.P.C.
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....
Mohammedan Law – Divorce – ‘Talaq’, in order to be effective has to be pronounced – In case there is no proof of ‘talaq’ having taken place, mere plea taken in written statement of a divorce having b....
The husband must prove the validity of talaq, and maintenance must be based on evidence rather than guesswork.
A divorced Muslim woman is not entitled to maintenance under Section 125, Cr. P. C.
The court held that the talaq pronounced was not instantaneous and irrevocable, thus not constituting an offence under the Act, as it failed to meet legal requirements.
A husband must provide valid judicial proof of divorce; failing which the marriage is deemed subsisting, and domestic violence claims entitle the wife to compensation.
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