Sec 125 CrPC | Muslim Husband Cannot Avoid His Liability To Maintain Unless Divorce Is Validly Pronounced And Properly Communicated : J&K&L High Court
2 years, 4 months ago

Sec 125 CrPC | Muslim Husband Cannot Avoid His Liability To Maintain Unless Divorce Is Validly Pronounced And Properly Communicated : J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court recently held that for a Muslim husband to avoid his liability to maintain his wife on the ground that he has divorced his wife, has not only to show that the divorce is validly pronounced in accordance with Muslim law but he has also to show that the said divorce has been communicated to the wife. The moot question for adjudicating before the court was as to whether the production of document issued by Anjuman Sharie Shiaan, J&K, would conclusively and/or even prima facie show that respondent No.1 had been divorced by the petitioner, which in turn would have answered the question as to whether respondent No1 was entitled to claim maintenance from the petitioner. Deciding the matter the bench observed that it is clear that for a Muslim husband to avoid his liability to maintain his wife on the ground that he has divorced his wife, has not only to show that the divorce is validly pronounced in accordance with Muslim law but he has also to show that the said divorce has been communicated to the wife. Naseem Bhat v. Bilquees Akhter and another wherein Court observed that for a husband to wriggle out of his obligations under marriage including one to maintain his wife, claiming to have divorced her has not merely to prove that he has pronounced Talaak or executed divorce deed to divorce his wife but has to compulsorily plead and prove the following:- I) that effort was made by the representatives of husband and wife to intervene, settle disputes and disagreements between the parties and that such effort for reasons not attributable to the husband did not bear any fruit.

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History of this topic

Muslim Male Cannot Seek Divorce Under Dissolution Of Muslim Marriages Act But Has Remedy Under Family Courts Act: MP High Court
14 hours, 37 minutes ago

Muslim Male Cannot Seek Divorce Under Dissolution Of Muslim Marriages Act But Has Remedy Under Family Courts Act: MP High Court

Live Law  

The Madhya Pradesh High Court has made it clear that even though a Muslim man has no way to seek divorce under the Dissolution of Muslim Marriages Act, 1939, he is not rendered remediless in law and he can seek recourse under Section 7 of the Family Court Act, 1984 to seek divorce from his wife. The counsel further submitted …

Delhi High Court Issues Directions To Family Courts For Dissolution Of Muslim Marriage On Basis Of Talaq Nama, Mubarat Agreement, Etc.
1 month, 4 weeks ago

Delhi High Court Issues Directions To Family Courts For Dissolution Of Muslim Marriage On Basis Of Talaq Nama, Mubarat Agreement, Etc.

Live Law  

The Delhi High Court has passed directions for guidance of family courts in the national capital while dealing with any petition filed under Section 7 of the Family Courts Act for dissolution of marriage through extra-judicial divorce under the Muslim Personal Law.A division bench comprising of Justice Rekha Palli and Justice Saurabh Banerjee directed that the Family Court, after issuing. …

High Court Rules on Adultery Allegations Against Wife in Maintenance Case
2 months, 1 week ago

High Court Rules on Adultery Allegations Against Wife in Maintenance Case

Live Law  

The Allahabad High Court has ruled that allegations of adultery against a wife must be decided before the application for maintenance under Section 125 CrPC. The court observed that the Trial Court had made no observation regarding the allegations of adultery on part of the wife, granting interim stay on the order of the Trial Court.

Husband Must Obtain Judicial Declaration for Dissolution of Marriage: Madras High Court
2 months, 1 week ago

Husband Must Obtain Judicial Declaration for Dissolution of Marriage: Madras High Court

Live Law  

The Madras High Court has ruled that when a Muslim wife disputes the issuance of talaq by the Muslim husband, it is upon the husband to obtain a judicial declaration that marriage is validly dissolved. The court observed that Talaq under Muslim personal laws involved a certain procedure which had to be strictly complied. The court thus observed that if …

Decree Of Divorce Can Be Sustained If No Cohabitation Occurs Between Parties For A Year After Grant Of Judicial Separation: Allahabad High Court
3 months, 4 weeks ago

Decree Of Divorce Can Be Sustained If No Cohabitation Occurs Between Parties For A Year After Grant Of Judicial Separation: Allahabad High Court

Live Law  

The Allahabad High Court has held that under Section 10 of the Hindu Marriage Act, 1955 if no cohabitation occurs between the parties in the year after the decree of restitution of conjugal rights or decree of judicial separation, the decree of separation would be upheld. Subsequently, in 2006, the case instituted by the respondent-husband was dismissed and the decree …

Jammu & Kashmir And Ladakh High Court Weekly Roundup: 8 July - 14 July, 2024
5 months, 3 weeks ago

Jammu & Kashmir And Ladakh High Court Weekly Roundup: 8 July - 14 July, 2024

Live Law  

Nominal Index: Mehraj ud din Andrabi Vs Zia Darakshan 2024 LiveLaw 180 Yawar Ahmad Malik Vs UT of J&K 2024 LiveLaw 181 Fayaz Ahmad Wani Vs Mst Hameeda 2024 LiveLaw 182 MAHANT GANESH DASS JI V/s STATE OF JK AND ANOTHER 2024 LiveLaw 183 Rajinder Kumar and others Vs UT of J&K 2024 LiveLaw 184 Judgments/Orders: Dismissal Of Complaint For …

How divorced Muslim women can claim maintenance under Section 125 of CrPC? Explained
5 months, 4 weeks ago

How divorced Muslim women can claim maintenance under Section 125 of CrPC? Explained

Hindustan Times  

The Supreme Court on Wednesday ruled that a divorced Muslim woman can seek maintenance from her husband under Section 125 of the Code of Criminal Procedure, which applies to all women “irrespective of religion.” The court highlighted that Section 125 of the CrPC provides more advantageous provisions for a divorced Muslim woman compared to those in the 1986 Act. The …

Comprehensive Proof Of Talak By Husband With Efforts For Reconciliation Is Essential To Avoid Maintenance Obligations: J&K High Court
6 months ago

Comprehensive Proof Of Talak By Husband With Efforts For Reconciliation Is Essential To Avoid Maintenance Obligations: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court ruled that a husband cannot evade his obligation to maintain his wife merely by claiming to have divorced her. Justice Vinod Chatterji Koul emphasized that the husband must not only prove the pronouncement of Talaak or the execution of a divorce deed but must also demonstrate that sincere efforts were made by …

Indian Muslim women can claim alimony from husband after divorce, rules Supreme Court – Firstpost
6 months ago

Indian Muslim women can claim alimony from husband after divorce, rules Supreme Court – Firstpost

Firstpost  

The Supreme Court said a divorced Muslim woman can file a claim for maintenance under Section 125 of the Criminal Procedure Code against her former husband A divorced Muslim woman can now seek alimony from her husband by filing a claim for maintenance under Section 125 of the Criminal Procedure Code, the Supreme Court of India ruled on Wednesday. A …

SC says Muslim women entitled to seek maintenance from spouse under section 125 of CrpC
6 months ago

SC says Muslim women entitled to seek maintenance from spouse under section 125 of CrpC

New Indian Express  

The bench said maintenance is not charity but the right of married women and it is applicable to all married women irrespective of their religion. He has contended that a divorced Muslim woman is not entitled for maintenance under Section 125 of CrPC and has to invoke the provisions of the Muslim Women Act, 1986. The bench clarified that if …

SC examines divorced Muslim women’s right to maintenance under Section 125 of the CrPC | Explained
10 months, 3 weeks ago

SC examines divorced Muslim women’s right to maintenance under Section 125 of the CrPC | Explained

The Hindu  

The Supreme Court has decided to examine if a divorced Muslim woman is entitled to a claim of maintenance under Section 125 of the Criminal Procedure Code against her former husband — reigniting the debate on whether secular laws should be given precedence over distinct personal laws. Ahmad Khan v. Shah Bano Begum which upheld a Muslim woman’s right to …

Divorced Muslim Woman Need Not Obtain Court Order to Record Talaq: Kerala HC
11 months, 3 weeks ago

Divorced Muslim Woman Need Not Obtain Court Order to Record Talaq: Kerala HC

News 18  

The Kerala High Court recently ruled that a Registrar for Births, Deaths, and Marriages can record a divorce obtained through talaq under Muslim personal law without insisting on a court order. A bench of Justice PV Kunhikrishnan said that a divorced Muslim woman need not be sent to a court of law for recording the talaq if it is otherwise …

Jammu & Kashmir And Ladakh High Court Weekly RoundUp: November 6 - November 12, 2023
1 year, 1 month ago

Jammu & Kashmir And Ladakh High Court Weekly RoundUp: November 6 - November 12, 2023

Live Law  

Nominal Index: Dr. Abid Hussain Vs State of J&K 2023 LiveLaw 279 Syed Irfan Abdullah Vs UT of J&K 2023 LiveLaw 280 Mrs. Syed Asma Balki Vs. Mudasir Shibzada 2023 LiveLaw 281 ZAHOOR AHMAD DAR Vs JAMEELA BANO & ANOTHER 2023 LiveLaw 282 A K Engineers and Contractors Pvt Ltd v. Union Territory of J&K 2023 LiveLaw 283 Judgments/Orders: Objections …

'Wife' Entitled To Maintenance Under Section 125 CrPC Even If Marriage Was Not Legal: Madras High Court
1 year, 6 months ago

'Wife' Entitled To Maintenance Under Section 125 CrPC Even If Marriage Was Not Legal: Madras High Court

Live Law  

The Madras High Court recently held that even if a marriage was not legal due to the existence of a first marriage, the second wife and the children born out of the second marriage will be entitled to maintenance under Section 125 of the Code of Criminal Procedure. Justice K Murali Shankar of the Madurai bench was dealing with a …

Wife Can File For Maintenance U/S 125 CrPC Even After Receiving Alimony If Unable To Maintain Herself Or Children: P&H HC
2 years ago

Wife Can File For Maintenance U/S 125 CrPC Even After Receiving Alimony If Unable To Maintain Herself Or Children: P&H HC

Live Law  

The Punjab and Haryana High Court has observed that a wife can file a plea for maintenance under Section 125 of the CrPC, notwithstanding the fact that she already received a lump sum payment by way of alimony from her husband. By way of a written compromise made in 1993, the husband deposited Rs.3 lac in favour of his wife …

All India Muslim Women's Personal Law Board Approaches Supreme Court Against Extra-Judicial & Unilateral Talaq
2 years, 2 months ago

All India Muslim Women's Personal Law Board Approaches Supreme Court Against Extra-Judicial & Unilateral Talaq

Live Law  

The All-India Muslim Women's Personal Law Board has moved Supreme Court seeking against unilateral forms of divorce by Muslim husbands by pronouncement of talaq as per the personal law.The Board seeks to declare divorce given to Muslim women without following the due procedure as null & void with retrospective effect.The Board sought a direction from the Court to declare that …

Talaq-E-Hasan Not So Improper Prima Facie, Women Have Option Of Khula Divorce : Supreme Court
2 years, 4 months ago

Talaq-E-Hasan Not So Improper Prima Facie, Women Have Option Of Khula Divorce : Supreme Court

Live Law  

The Supreme Court on Tuesday made a prima facie observation that the practice of divorce through the Muslim personal law practice of Talaq-E-Hasan, as per which a man can divorce his wife by pronouncing "talaq" once a month for three months, is "not so improper".The Court noted that Muslim women have the option of seeking divorce through "khula". The Supreme …

Divorced Muslim Woman Entitled To Maintenance U/S 125 CrPC To Succor Her Needs: Allahabad High Court
2 years, 7 months ago

Divorced Muslim Woman Entitled To Maintenance U/S 125 CrPC To Succor Her Needs: Allahabad High Court

Live Law  

The Allahabad High Court today observed that a Muslim woman is entitled to claim maintenance from her husband under Section 125 Cr.P.C. 1 along with her daughter moved to the Court in revision seeking to quash the judgment and order passed by the Principal Judge/A.D.J., Family Court, Lucknow wherein Section 125 CrPC Application moved by the Revisionist no. On the …

Plea in SC Against Talaq-e-Hasan, All Other Forms of 'Extra-judicial' Talaq
2 years, 8 months ago

Plea in SC Against Talaq-e-Hasan, All Other Forms of 'Extra-judicial' Talaq

News 18  

A plea has been filed in the Supreme Court seeking to declare 'Talaq-e-Hasan' and all other forms of "unilateral extra-judicial talaq as void and unconstitutional, claiming they were arbitrary, irrational, and violated fundamental rights. The petition, filed by Ghaziabad resident, Benazeer Heena, who claimed to be a victim of unilateral extra-judicial Talaq-E-Hasan, also sought a direction to the Centre to …

Right To Divorce Inherent Under Contractual Marriage In Islam: Muslim Woman Opposes Plea In Delhi HC To Declare 'Talaq-Ul-Sunnat' As Unconstitutional
2 years, 8 months ago

Right To Divorce Inherent Under Contractual Marriage In Islam: Muslim Woman Opposes Plea In Delhi HC To Declare 'Talaq-Ul-Sunnat' As Unconstitutional

Live Law  

A Muslim woman has moved the Delhi High Court opposing a public interest litigation which seeks declaration of Talaq-ul-Sunnat, the unqualified right of Muslim men give divorce to their wife, as unconstitutional. Whereas, the instant impleadment application has been filed by a Muslim woman who claims that she suffered a bad marriage, however, at the same time benefitted from the …

Delhi High Court Issues Notice On Review Plea Against Dismissal Of Plea Seeking Declaration Of Talaq-ul-Sunnat As Unconstitutional
3 years, 3 months ago

Delhi High Court Issues Notice On Review Plea Against Dismissal Of Plea Seeking Declaration Of Talaq-ul-Sunnat As Unconstitutional

Live Law  

The Delhi High Court on Friday issued notice on a review petition challenging an order dismissing a plea seeking to declare the "assumed absolute discretion" of the Muslim husband to give divorce to his wife at any time without any reason or advance notice to her, as arbitrary, anti-shariat, discriminatory and unconstitutional.Justice Vipin Sanghi and Justice Jasmeet. The Delhi High …

Man Allegedly Gives 'Triple Talaq' To First Wife To Remarry: P&H High Court Grants Protection To Second Wife Noting She Might Have Been 'Misled'
3 years, 6 months ago

Man Allegedly Gives 'Triple Talaq' To First Wife To Remarry: P&H High Court Grants Protection To Second Wife Noting She Might Have Been 'Misled'

Live Law  

The Punjab & Haryana High Court recently ordered police protection who 'may been misled into marriage' as her husband's first wife claimed that he re-married after giving her Triple Talaq which is illegal in the eyes of law. She further submitted that Man claimed to have divorced her by triple Talaak having pronounced "Talaak Talaak Talaak" three times to her, …

When A Man Marries A Woman Knowing Fully That She Was Not Legally Divorced From Her Earlier Marriage Can't Plead Invalidity Of Marriage In 125 Proceedings: Chhattisgarh HC
3 years, 10 months ago

When A Man Marries A Woman Knowing Fully That She Was Not Legally Divorced From Her Earlier Marriage Can't Plead Invalidity Of Marriage In 125 Proceedings: Chhattisgarh HC

Live Law  

The Chhattisgarh High Court has held that a man, who marries a woman knowing fully well that her earlier marriage has not ended in a valid divorce, is estopped from raising plea of invalidity of marriage in maintenance proceedings under Section 125 of CrPC. The observation was made by a Single Bench of Justice Rajendra Chandra Singh Samant while presiding …

HC Seeks Centre's Reply on Plea to Quash Provision Penalising Muslim Husband for Pronouncing Talaq
4 years, 2 months ago

HC Seeks Centre's Reply on Plea to Quash Provision Penalising Muslim Husband for Pronouncing Talaq

News 18  

The Delhi High Court has sought the Centre's reply on a plea seeking to declare as unconstitutional the provision penalising a Muslim husband for pronouncing 'talaq' upon his wife. The plea said as the pronouncement of triple talaq' or talaq-e-biddat' is already declared void, the provision in law to penalise such an act is onerous and inconsequential. A bench of …

Wife Not Entitled To Maintenance If Allegation Of Adultery Is Proved Against Her: Bombay HC [Read Order]
5 years ago

Wife Not Entitled To Maintenance If Allegation Of Adultery Is Proved Against Her: Bombay HC [Read Order]

Live Law  

The Bombay High Court has held that if allegations of adultery are proved against the wife in a marriage, she is not entitled to maintenance Justice NW Sambre was hearing two criminal writ petitions filed by one Sanjivani Kondalkar who challenged a judgment of the Additional Sessions Judge, Sangli allowing a revision application filed by the petitioner's husband seeking cancellation …

Odisha: Muslim woman asks for Eidi, gets triple talaq instead; complaint filed against husband
5 years, 4 months ago

Odisha: Muslim woman asks for Eidi, gets triple talaq instead; complaint filed against husband

Firstpost  

A Muslim woman from Soro area in Odisha’s Balasore district has lodged a complaint with the administration, accusing her husband of divorcing her by pronouncing ’talaq’ thrice on Monday, the auspicious day of Eid-al-Adha Balasore: A Muslim woman from Soro area in Odisha’s Balasore district has lodged a complaint with the administration, accusing her husband of divorcing her by pronouncing …

Second Divorce Petition On Same Grounds Maintainable If Founded On New Facts: Kerala HC [Read Judgment]
5 years, 9 months ago

Second Divorce Petition On Same Grounds Maintainable If Founded On New Facts: Kerala HC [Read Judgment]

Live Law  

A spouse who suffered dismissal of original petition for dissolution of marriage on the ground of cruelty, desertion and adultery is not precluded from suing again for dissolution on the same grounds, provided the relief is founded on new facts, the Kerala High Court has held. The bench comprising Justice CK Abdul Rehim and Justice TV Anilkumar set aside a …

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