Under Muslim Law the Husband Has to Prove That Proper Procedure Was Followed Prior to Execution of Talaqnama
- The Hon’ble Bombay High Court observed that mere execution of Talaqnama or pronouncing Talaq is not sufficient to prove a valid Talaq under Muslim personal law.
- The Hon’ble Court held that mere execution of Talaqnama is not sufficient to prove a valid talaq, and all the stages needed for grant of a valid talaq are to be preceded before talaq is legally pronounced thrice.
- If the wife disputes talaq in the court, then the husband is duty bound to plead and prove that the procedure prescribed for pronouncing a valid talaq are followed strictly.
- The husband has to prove in the court the reasons for divorce and if he had taken help from mediators for reconciliation prior to the wife applying for reliefs in the court or before he filed his written statement or before entering the witness box to take the stand of talaq. The fact of divorce accompanied by fulfilment of all the preceding conditions are to be proved by the husband claiming Talaq, by oral and documentary evidence. The husband has to prove that arbitrators were appointed and that such arbitrators tried for reconciliation.
- Mere existence of oral talaq or talaqnama by itself is not sufficient to reach a conclusion that a legal, valid and effective talaq is given. All the stages preceding talaq have to be proved. Arbitration and conciliation is also one of the conditions preceding the talaq process in the form of “Hasan” and “Ahsan”.
This article is for academic purpose only and not a legal advice. The readers are advised to take proper legal advice from a practicing lawyer.
This article is researched and authored by Advocate Aarun Chanda, practicing at Mumbai & Pune.
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