AJMALKHAN Vs. DOULATH BEGAM

JUDGEMENT

(1.) HEARD the submissions made by Mr. R. Surianarayanan, learned counsel for the appellant and Mrs. Mahalakshmi, learned counsel appearing for the respondent and perused the available records produced in the form of typed set of papers including copies of the judgments of the Courts below.

(2.) THE plaintiff who proved to be unsuccessful before the Courts below has brought forth this Second Appeal. Admittedly, both parties are Muslims by religion and the appellant herein/plaintiff had married the respondent herein/defendant. Claiming to have divorced the respondent/defendant by pronouncement of triple 'talaq' on 21. 08. 2000, the appellant/plaintiff had filed the above said suit for a declaration that the respondent/defendant had lost her status as the wife of the appellant/plaintiff and for a consequential injunction not to claim such a status. The suit was resisted by the respondent/defendant denying the allegation that there was a valid pronouncement of 'talaq' and valid communication of such a pronouncement of 'talaq'.

(3.) BOTH the Courts below, on an appreciation of facts, came to the conclusion that though the plaintiff was somewhat successful in substantiating his contention that he pronounced 'talaq' in the absence of the respondent/defendant and the pronouncement of 'talaq' was communicated to the respondent/defendant under Ex. A1. However, the Courts below have declined the relief of declaration and injunction holding that the pronouncement of 'talaq' was not valid as it was not preceded by an attempt of reconciliation involving two arbiters - one from the family of the appellant/plaintiff (husband) and the other from the father's family of the respondent/defendant (wife ). The Courts below relied on the judgment of the Honourable Supreme Court pronounced in Shamim Ara v. State of Uttar Pradesh and another reported in (2003-1-L. W 363), wherein their Lordships of the Supreme Court approved the view expressed by a Division Bench of Gauhati High Court in Rukia Khatun's Vs. Abdul Khalique Laskar, reported in (1981 1 GLR 375 ). The Division Bench of Gauhati High Court in Rukia Khatun's case prescribed two conditions for a valid 'talaq' they are:-