[nukkad] Multiple responses

["Mahesh chandra gupta" <>]

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Response ONE to Netgeek

Ref: “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”

It means that the mere statement of Muslim husband that he has divorced his wife will not be sufficient. There has to be proof. The proof has to be legally satisfactory. The immediate outcome of the judgment is that if the husband says he has divorced and the wife denies it, husband’s word would no longer prevail. Oral talaq and talaq in absentia go out straightway. Earlier, husbands deserted the wife and when she claimed maintenance, they pleaded that they had already divorced her.

As regards registration of divorce and issuance of certificate of divorce made under the Waqf Act, the Court has held that these will be honoured only if there is no doubt regarding the factum of talaq. If the fact of talaq itself is doubtful, the existence of a certificate etc cannot make it genuine per se.

MC Gupta

Response TWO to Dr. Tahir Kagalwala

Ref: “the following were conspicuous
by their ABSENCE:
-
-the romantic interludes by Guptaji”

Dr. Kagalwala,
You do me an unexpected turn indeed by crediting me with romantic interludes.

“Jaane kya dhundhati rahati hain woh aankhen mujh mein,
Raakh ke dher mein shola hai na chingaari hai”.

You prompt me to pen this impromptu tukbandi:

“When I am gone,
In nukkad no more;
When nukkies say,
In days of yore;

There was a Gupta,
Lawyer and doctor;
But who, in real, 
Was a romantic bore.

Then will my soul,
Repent for sure;
And chide me for wasting,
A full four score.”

MC Gupta

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