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

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 both parties' representatives to reconcile their disputes. Failure of such efforts, without any fault of the husband, must be convincingly established.

Background of the Case

The case involved a petition where the husband claimed to have divorced his wife through the pronouncement of Talaak. He sought to quash the maintenance proceedings under Section 488 of the Cr.P.C., arguing that his obligations ceased following the divorce.

Initially, the Trial Court, after thorough examination of the evidence and the case presented by both parties, ruled in favor of the wife.

The husband then approached the Revisional Court, which took into account statements from two individuals, Nazir Ahmad Bhat and Ghulam Mohammad Rather, who testified that they had informed the wife about the husband's intention to divorce. However, the wife did not accept the proposal, and reconciliation efforts failed. The Revisional Court thus set aside the Trial Court's order and directed the husband to pay Rs. 3000 per month as maintenance.

Assailing the same the husband contended that he had lawfully divorced his wife by pronouncing Talaak three times and had no further maintenance obligations.

The wife maintained that the divorce was neither validly pronounced nor executed, and the husband failed to follow due process required under Shariat Law.

Court Observations: 

After considering the rival contentions Justice Koul highlighted that mere pronouncement of Talaak is insufficient. It must be proven that genuine efforts were made by both parties' representatives to resolve their disputes, which unfortunately did not succeed due to no fault of the husband, the bench underscored.

Citing Mohammad Naseem Bhat v. Bilquees Akhter and another, (2012) of J&K High Court the court mandated that the husband must strictly prove all conditions related to the divorce, including the presence of witnesses and the period during which Talaak was pronounced, before he can be relieved from his maintenance obligations.

In the instant case the court noted that the efforts for reconciliation were not coming to fore as the decision of divorcing respondent was conveyed to respondent and there had been no sufficient evidence to establish reconciliation from the side of petitioner.

“The Revisional Court has also rightly considered the rival contentions of the parties and come up with impugned judgement, setting-aside the Trial Court order dated 5th February 2018 and directing petitioner to pay an amount of Rs.3000/- per month to respondent as maintenance”, the bench remarked.

In light of these observations the husband's petition was dismissed, upholding the Revisional Court's directive for maintenance payments.

Case Title: Fayaz Ahmad Wani Vs Mst Hameeda

Citation: 2024 LiveLaw (JKL) 182

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