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2020 Supreme(Mad) 37
IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, J.
T. Abbas - Appellant
Versus
M. Ayesha - Respondent
A.S. No. 228 of 2019
Decided On : 12-02-2020
For the Appellant :R. Kannan, Advocate
For the Respondent:A.S. Shanawaaz Banu, Advocate
The court emphasized the need to establish reasonable cause and attempt for reconciliation by two arbiters for a valid and lawful Talak, and found that the husband failed to prove these conditions.
Headnote:
Triple Talak - Dissolution of Marriage - Code of Civil Procedure - [Section 96] - [Shayara Bano and Others vs. Union of India and Others] - The court discussed the recent case of Shayara Bano and Others vs. Union of India and Others, which declared the practice of Triple Talak as arbitrary and unconstitutional. The court held that the judgment has no retrospective effect and granted an injunction restraining future practice of Triple Talak. The court also referred to the judgments of Shamim Ara vs. State of UP and A.Yousuf Rawther vs. Sowramma to establish the parameters for a valid and lawful Talak.
Fact of the Case:
The plaintiff/husband sought a declaration that the Triple Talak pronounced by him is valid and binding on the defendant/wife. The wife disputed the allegations and contended that the suit was an attempt to avoid penal action initiated against the husband. The Trial Court framed issues and considered the recent judgment on Triple Talak, along with the parameters for a valid Talak.
Finding of the Court:
The Trial Court found that the husband failed to prove the conditions and parameters for a valid and lawful Talak. It concluded that the grounds raised by the husband were untenable and that the husband was not entitled to the relief of declaration as stated in the original suit.
Issues: The issues included whether the plaintiff was entitled to the relief prayed for and to what other relief the plaintiff was entitled.
Ratio Decidendi: The court applied the recent judgment on Triple Talak and established the parameters for a valid and lawful Talak. It found that the husband failed to prove the conditions and parameters for a valid and lawful Talak, and that the grounds raised were untenable.
Final Decision: The judgment and decree passed by the Family Court were confirmed, and the appeal suit was dismissed. There was no order as to costs.
JUDGMENT :
(Prayer: Appeal Suit is preferred under Section 96 of the Code of Civil Procedure, against the judgment and decree dated 08.10.2018 passed in O.S.No.24 of 2015 on the file of the learned Principal Judge, Family Court, Coimbatore.)
1. The appeal suit on hand is directed against the judgment and decree dated 08.10.2018 passed by the learned Principal Judge, Family Court, Coimbatore in O.S.No.24 of 2015.
2. The appellant in the appeal suit is the plaintiff in the suit and the respondent in the appeal suit is the defendant in the suit.
3. The plaintiff is the appellant, who instituted the suit for a declaration that the Triple Talak (Muthalak) pronounced by the plaintiff/husband on 27.04.2015 is valid and binding on the defendant/ wife.
4. For the sake of convenience, the parties are referred hereunder according to their marital status, ‘the husband’ and ‘the wife’, unless the context otherwise requires.
5. The facts in nutshell, as narrated in the plaint, by the plaintiff/husband in the suit, are that the marriage between the husband and the wife is an arranged marriage and solemnised on 01.05.2014 at Aysha Mahal, Kuniamuthur, Coimbatore, in accordance with the Muslim Rites and other related Ceremonies.
6. The complaint set out by the plaintiff/husband is that the defendant/wife has openly declared that she is not interested in her marital life with the plaintiff/husband and she behaved in an arrogant and offensive manner and ill treated the husband and his family members. The parents of the wife, on the invitation of the husband, took the wife to her parental home, where on, Mohamed Koya, the grandfather of the wife, made a compromise and advised the wife and her parents.
7. Even after return to her matrimonial home, on the advise of her grandfather, the wife did not choose to amend her arrogant behaviour and indifferent attitude. The wife openly declared that she is not interested in sexual life and her marriage with the husband is against her desire. The wife was not happy even with the separate/independent abode in Chennai and during such stay in Chennai, she often threatened her husband in such a way that she would commit suicide.
8. The marriage of the spouses has not been consummated on account of refusal and non-cooperation on the part of the wife. The marriage of the husband has not been consummated owing to the impotence of the wife. The wife and her parents have suppressed a major surgery in the right breast of the wife and also her ailment of Asthma. The wife has never been a dutiful wife in terms of household duties and of marital duties. The parents of the wife have also suppressed the mental illness of the wife and thereby induced the husband to marry her. The wife, on account of her mental illness, has become unfit for sexual life. On 21.08.2014, the wife has left her matrimonial home on her own volition.
9. All the efforts taken by the husband and other well wishers of the spouses to make the spouses reunited have also ended in vain. Therefore, on 27.04.2015, the husband sent a letter to the wife, pronouncing Triple Talak (Muthalak) and thereby dissolving his marriage with the wife. The aforesaid letter of the husband was also sent to the respective Jamath of the parties. The wife, having received the aforesaid letter of the husband on 29.04.2015, has been silent and therefore, the husband instituted the suit for a declaration that the Triple Talak (Muthalak) pronounced by him is valid and binding on the wife.
10. The defendant/wife disputed the contentions of the plaintiff/husband and contended that all such allegations are false and frivolous and filed written statement, setting out her defense as follows:-
The case of the wife is that the marriage between the spouses is admitted. Even on the next day of marriage, the husband and his parents demanded a sum of Rs.2,00,000/- as dowry. The husband and his family members are ambitious in getting dowry from the wife and they are arrogant and offensive, ill-treating t
