[nukkad] Talaq has to be proved in court: HC

["Net Geek" <>]

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Tip of the day:  Remember, this "nukkad" is international.
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Guptaji & other legal experts on the list
                                         What is the implication of the 
ruling.  Especially the following excerpts.

"The bench categorically stated that all divorce registrations made under 
the Wakf Act and the certificates thus issued were merely customary in 
nature and "unless the factum of talaq is proved these documentation would 
have no sanctity" in the eyes of the law."

Does it any any way means Talaq is valid only if found justified by the 
courts?

Bye


Netgeek
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In a landmark judgment, a full bench of the Bombay High Court here ruled 
that divorces between Muslim couples will now have to be convincingly proved 
in a court of law under the civil procedure code and the Indian Evidence 
Act.
A mere statement, written or oral, by a Muslim man seeking divorce won't be 
enough proof of his having obtained a divorce.

The bench comprising justices B.H. Marllapalle, N.V. Dabhoklar and N.H. 
Patil, in their 88-page judgement, held that all tenets of Muslim laws 
prescribe that a process of reconciliation should have necessarily preceded 
a divorce, without which it was invalid.

The bench categorically stated that all divorce registrations made under the 
Wakf Act and the certificates thus issued were merely customary in nature 
and "unless the factum of talaq is proved these documentation would have no 
sanctity" in the eyes of the law.

Making it clear that Muslim men enjoy no absolute rights to divorce, the 
bench held that Islam does not in any way encourage divorce, though it may 
put the men at a higher pedestal than the wife.

On the oft resorted-to weapon of affidavits and declarations in courts by 
Muslim men seeking divorce, as proof of their having obtained divorce, the 
court held that without convincing evidence on the fulfilment of procedural 
obligations, such divorces would not be held valid.

The court has also held that a husband cannot declare his intention to 
divorce his wife in her absence. "The statement has to be addressed to her," 
the court stated.

The full bench was constituted to decide over the matter after conflicting 
opinions were put forward by a single and division bench of the same High 
Court.

The bench was hearing a petition filed by Dagdu Pathan, 40, from Renapur in 
Latur district. Pathan had challenged a maintenance petition filed by his 
divorced wife, Rahimbi, 31.

http://www.hindustantimes.com/nonfram/060502/detfro03.asp

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