Jammu and Kashmir High Court: Rajnesh Oswal, J., heard the instant petition against the order of the Trial Court whereby the petitioner had been directed to pay maintenance to the allegedly divorcee lady. The Bench stated that,
“The petitioner had not led any evidence as to who sent the divorce to the respondent (wife) to prove the plea of Talak. Otherwise also a meager amount of Rs.2000 as has been awarded to the respondent 1 herein, that in the present era of inflation can in no way be termed as either exorbitant or excessive.”
The petitioner contended that he had already divorced his wife vide “Talaq Nama‟ dated 02-08-2011 which was sent to her through registered post. The facts of the case were such that the wife of the petitioner had filed a petition for interim maintenance before the Trial Court, wherein the petitioner had claimed that he had already divorced her and as such, he was not under any obligation to maintain the divorced lady. The Trial Court, after relying on the verdict of Supreme Court in Shameem Ara v. State of U.P., AIR 2002 S.C. 355, and considering the evidence on record granted maintenance of Rs.2000 (Rupees Two thousand) per month to the wife.
Referring to the observations of the Trial Court and Sessions Court, the Bench stated that the Magistrate had held that the petitioner had miserably failed to prove the requisites of Talaq and also that Talaknama was sent to the respondent. The petitioner had not been able to prove as to on which date the divorce was pronounced upon the respondent(wife). The delivery of the envelope was also doubtful as the postman had not seen any such record in which he had obtained signatures of the respondent. Moreover, none of the witnesses produced by the petitioner had stated whether any-one tried to reconcile the parties before the divorce. Needless to mention here that if the plea of Talak is taken then the same is required to be proved like any other fact.
The Bench stated that there was not even an iota of evidence that any reconciliation efforts were made by two arbiters one chosen by the wife from her family and the other by the husband from his family. So there was no perversity in the finding returned by the Magistrate and upheld by the Court of revision that the petitioner had not been able to prove the plea of Talak taken in his objections. Furthermore, the petitioner had not led any evidence as to who sent the divorce to the respondent (wife) to prove the plea of Talak. Otherwise also a meager amount of Rs.2000/- (Rupees Two thousand) as has been awarded to the respondent no.1 herein, that in the present era of inflation can in no way be termed as either exorbitant or excessive.
In view of the above, the Court denied to interfere with the orders impugned and the petition was dismissed for being devoid of merit.
[Abdul Majeed Dar V. Hafiza Begum 2021 SCC OnLine J&K 294, Decided On 26-03-2021]
Kamini Sharma, Editorial Assistant has put this report together
Appearance before the Court by:
For the Petitioner/Applicant(s): Adv. Parvaiz Nazir
For the Respondent(s): Adv. Shabir Ahmad