Muslim Law — Divorce — Talaq — Essentials — Pronouncement — Reasonable cause — Reconciliation — Mandatory requirements — Mere plea of earlier talaq in written statement — Not valid talaq Held, talaq must be proven to have been “pronounced”; mere assertion in a written statement that the husband had divorced his wife earlier does not constitute talaq. Talaq must be: (i) pronounced, i.e., formally uttered; (ii) for a reasonable cause; and (iii) preceded by attempts at reconciliation between the spouses by arbiters, one from each side. Absent proof of pronouncement, reasonable cause, and reconciliation, no talaq is effected. Calcutta and Bombay views treating statements in pleadings as valid talaq — disapproved.

A. Muslim Law — Divorce — Talaq — Essentials — Pronouncement — Reasonable cause — Reconciliation — Mandatory requirements — Mere plea of earlier talaq in written statement — Not valid talaq

Held, talaq must be proven to have been “pronounced”; mere assertion in a written statement that the husband had divorced his wife earlier does not constitute talaq.
Talaq must be:
(i) pronounced, i.e., formally uttered;
(ii) for a reasonable cause; and
(iii) preceded by attempts at reconciliation between the spouses by arbiters, one from each side.

Absent proof of pronouncement, reasonable cause, and reconciliation, no talaq is effected.
Calcutta and Bombay views treating statements in pleadings as valid talaq — disapproved.

B. Muslim Law — Talaq — Communication to wife — Requirement — Takes effect only upon communication

Talaq becomes effective only when communicated to the wife.
High Court erred in holding that communication occurred upon filing written statement on 5-12-1990 and that talaq became effective on that date.
No pronouncement + no proof + no communication = no talaq.

C. Evidence — Burden of proof — Husband pleading talaq must prove pronouncement and conditions

Respondent-husband failed to prove:
– date and mode of pronouncement (11-7-1987),
– presence of any witnesses,
– any attempts at reconciliation,
– any reasonable cause.
His uncorroborated statement and self-serving affidavit filed in another case inadmissible and not proof of talaq.

D. Muslim Women (Protection of Rights on Divorce) Act, 1986 — Applicability — No divorce proved — Wife continues to be spouse

As no valid talaq was proved, the respondent-husband cannot claim protection under the 1986 Act; marriage continued; liability to pay maintenance does not cease.

E. Maintenance — CrPC, S.125 — Earlier divorce not proved — Wife entitled to maintenance

Since the alleged divorce dated 11-7-1987 was not proved, wife continues to be legally wedded spouse and entitled to maintenance.
High Court’s limitation of maintenance up to 5-12-1990 (date of written statement) — incorrect.

F. Interpretation — Personal law — Correct interpretation of talaq under Qur’anic injunctions

Court approves Gauhati High Court rulings (Jiauddin Ahmed; Rukia Khatun) that correct law of talaq as per Qur’an requires:
(i) reasonable cause, and
(ii) attempt at reconciliation through two arbiters.
Arbitrary, capricious, or unilateral talaq inconsistent with Qur’anic injunctions — invalid.

Held:

No valid talaq on 11-7-1987; no dissolution of marriage on 5-12-1990; maintenance liability of husband continues. Appeal allowed.