Sec 125 CrPC | Muslim Husband Cannot Avoid His Liability To Maintain Unless Divorce Is Validly Pronounced And Properly Communicated
Case: Mohammad Ali Bhat Vs Shafeeqa Bano & Ors
Coram: Justice Sanjay Dhar
Case No.: CRM(M) No.79/2020
Court Observation: “The respondent No.2 ought to have adduced evidence and proved the pronouncement of talaq on 11.7.1987 and if he failed in proving the plea raised in the written statement, the plea ought to have been treated as failed. We do not agree with the view propounded in the decided cases referred to by Mulla and Dr. Tahir Mahmood in their respective commentaries, wherein a mere plea of previous talaq taken in the written statement, though unsubstantiated, has been accepted as proof of talaq bringing to an end the marital relationship with effect from the date of filing of the written statement”.
“The petitioner has come up with a plea that he has divorced respondent No.1 on 10.01.2019. The burden is upon the petitioner to show that his act of divorcing respondent No.1 was valid as per the Islamic law and that the divorce was communicated to respondent No.1. It is a settled principle of evidence that one who alleges a fact, the burden lies upon him prove the said fact. Therefore, burden is upon him to establish the said fact and unless he discharges the said burden, it cannot be stated that the marriage between him and respondent No.1 stands dissolved”
Liability To Maintain, Muslim Husband