Abdul Rashid Khan v. Mustafiran Bibi and Ors.
Abdul Rashid Khan v Mustafiran Bibi and Ors.
Author : Shruti Kumari
CITATIONS: A.I.R. 2006 Ori 186, 2006 II O.L.R. 94
BENCH: P. Tripathy, P. Mohanty
INTRODUCTION:
This Case is at the stage of appeal where two appeals are to be filed in the Orissa High Court against the judgment and the order passed by the Judge, Family Court, Cuttack. This case is filed between the two Muslim couples and others which is related to the divorce and maintenance under the Divorce Act, 1869. Firstly the petition is filed by the wife and children against husband Abdul Rashid Khan. Then by the Family Court, Cuttack judgment was given in the favour of the petitioners. Then against the judgment of this court these two appeals are being filed by the husband and also by wife and children respectively in the Orissa High Court.
In Muslim Law, Divorce cannot be made by the husband by pronouncing a mere statement without proving anything but as according to the Holy Quran Talaq must be made for a reasonable cause.
FACTS:
In this case of Abdul Rashid Khan v Mustafiran Bibi and Ors., the husband was a Jawan as serving in military. In year 1983 he was getting salary of Rs. 2,500 per month. He used to send money to his widowed mother and sister who did not pay any money for food and clothing to his wife and children. Wife and Children were being ill-treated by the mother and sister.
In July 1990, husband at her matrimonial home demanded Rs. 50,000 from her to which she denied then husband wanted to kill her. Later her husband wanted her to sign on a blank paper then she refused. Then in this regard wife and children filed the petition against the husband.
In the written statement, husband stated that he had given her the divorce for her arrogance. He also stated that wife never wants to live at the matrimonial home and her parents restraint him from coming to his wife and children. So, he divorced from his wife and rejected all the allegations against him by wife.
The Judge, Family Court, Cuttack decreed the case in the favour of wife and children and also directs the husband to pay monthly maintenance to the petitioner. Then against this judgment husband filed an appeal in the Orissa High Court and then second appeal was filed by the wife for arrear of maintenance and giving back of dower amount.
ISSUES & FACT OF LAW:
Whether divorce by the husband is valid according to Muslim Law? , Whether the Petition filed by the petitioner in the Family Court is maintainable? And whether wife is entitled to get the dower and dower articles or the price thereof?
JUDGMENT:
Hon’ble Supreme Court held that the Contention of the husband of the Talaq was not correct as illegal. Talaq was valid according to the Muslim Law and observed that the mere pronouncement of the statement without proving anything by the husband does not amount to create Talaq.
As according to the Holy Quran, Talaq must be for reasonable cause and must be the outcome after the attempt of reconciliation between the husband and the wife.
Hon’ble Court also held that the petition for the maintenance is maintainable under Section 7 of the Family Courts Act.
Moreover, with regard to the dower the Hon’ble Court held there would be no question of dower as it will be only in the case of divorce between them. And therefore both appeals were to be dismissed.
