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G. S. AHLUWALIA
JAVED NASEEM – Appellant
Versus
STATE OF Madhya Pradesh – Respondent
ORDER :
1. This application under section 482, Cr.P.C. has been filed seeking the following reliefs:
2. It is submitted by counsel for the applicant that respondent No. 2 lodged an FIR on the ground that she got married to Javed Naseem on 21-4-2017. On 9-10-2022 and 29-1-2023 her husband Javed Naseem has sent his self-signed Talaknama duly witnessed by Rahim Mirza and Mirza Karim Baig, copy of the said Talaknama was produced along with FIR. It was alleged that divorce has been given on account of non fulfillment of demand of dowry and on account of the fact that she has given birth to a girl child. Even otherwise, on 25-2-2023 her husband and her mother-in-law had come to her parental home along with Raheem Mirza and others and also gave triple Talaq and declared that now they do not have any relationship with the complainant. At that time, he
The court established that any talaq pronounced in a manner contrary to the provisions of the Muslim Women (Rights on Marriage) Act is void and illegal.
The court established that any form of Talaq pronounced by a husband under the 2019 Act is void and illegal, reinforcing the protection of women's rights in marriage.
The court concluded that the validity of talaq notices must be determined based on whether they adhered to lawful Islamic principles, affirming the illegality of instant triple talaq under current la....
The court ruled that only Talaq-ul-Biddat is unconstitutional; other forms of talaq, such as Talaq-e-Hasan, remain valid if executed properly, stressing the need for trial court adjudication on factu....
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 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.
Talaq by registered post – There cannot be common intention of pronouncement of Talaq – It would be abuse of process of law if matter is asked to be proceeded for offence punishable under Section 4 o....
The court established that the classification of talaq as instantaneous and irrevocable (talaq-e-biddat) is essential for attracting penalties under the Muslim Women (Protection of Rights on Marriage....
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