Justice Koul added that a husband who wishes to evade any obligation to maintain his wife by claiming that he divorced her must not only prove that he pronounced Talaak or executed a divorce deed, but also prove the following ingredients:
– that efforts were made by the representatives of both husband and wife to settle the marital dispute and that such efforts were not fruitful;
– that there was a valid reason and genuine case for the divorce;
– Talaak was pronounced in the presence of two witnesses endued with justice;
– Talaak was pronounced during a period of tuhr (between two menstrual cycles) without indulging in sexual intercourse with the divorcee during the said tuhr.
“It is only after the husband pleads and proves all the above ingredients that divorce-Talaak would operate and marriage between the parties would stand dissolved so as to enable husband to escape obligations under the marriage contract, including one to maintain his wife. The Court in all such cases would give a hard look to the case projected by the husband and insist on strict proof,” the Court said in its July 4 order.
Source: Barandbench
