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M. A. CHOWDHARY
Ghulam Mohammad Pandit – Appellant
Versus
Mehbooba Akhter – Respondent
JUDGMENT
This Civil 1st Appeal has been preferred against the judgment and decree dated 16.03.2016, (for short ‘the impugned judgment) passed by the court of learned 3rd Additional District Judge Srinagar in Civil Original Suit No.18/N titled Mehbooba Akhter & Ors. Vs. Ghulam Mohammad Pandit & Ors., in terms whereof the appellant has been directed to make the payment of monthly maintenance @ Rs.4500/-, Rs.6000/- and Rs.4500/- in favour of respondents 1, 2 and 3 respectively, with effect from 19.05.2003, and setting off the monthly interim maintenance paid @ Rs.2000/- per month in favour of respondents 2 and 3.
2. The impugned judgment has been challenged through the medium of the instant appeal, inter alia on the following grounds:—
(a) That the trial court has not at all discussed the evidence produced by the appellant in support of the issues framed by the trial court, which rendered the impugned judgment and decree perverse and unsustainable under law;
(b) That the appellant had led the evidence wherein he proved that he has divorced respondent No.1 on 15.02.2005 in presence of two witnesses who also proved the said fact and the trial court has not discussed their evidence wh
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.
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....
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....
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.
A husband must provide maintenance to his wife if she is unable to support herself, even post-divorce under certain conditions, emphasizing the necessity of evidence in divorce claims.
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