RUBINA KAVI \ RUBINA QUAVI Vs. RIZWAN ALI

JUDGEMENT

(1.) Both these petitions have been filed on identical ground and arising from the same suit, but from different stages therefore, they are being decided by this common order.

(2.) C. R. No. 773 of 2024, has has been filed challenging the impugned order dtd. 23/8/2024 passed by the family court, whereby the family court has rejected application of the petitioner/defendant under Order 7 Rule 11 CPC. Earlier, the said suit was pending before the civil court, and similar application was filed before the civil court also prior to it being transferred to family court. The civil court has also rejected the same application, though on different grounds, vide order dtd. 22/3/2018, and MP No. 5464 of 2021 has been filed challenging the aforesaid order.

(3.) The necessary facts for the disposal of present petition are that the respondent husband has filed a suit for declaration of divorce and permanent injunction against the petitioner/wife. The parties are Muslims and in the plaint it has been argued that the petitioner wife was indulging in mental cruelty against the husband, and therefore, the husband had been trying to give opportunity to the wife to change herself, but since all the efforts went in vain, hence on 14/1/2015, the husband pronounced triple talaq to the wife in presence of two witnesses, and has orally divorced his wife in front of the witnesses, and he also executed a talaqnama in writing dtd. 14/1/2015, and has sent the talaqnama by post to the wife. The plaintiff has prayed for a decree of declaration that the defendant was divorced orally on 14/1/2015 in presence of two witnesses, by pronouncement of oral talaq, and talaq has been effected from the date of pronouncement, and also the pronouncement of talaq was given in writing by executing a talaqnama dtd. 14/1/2015.