A.K.M. ANWARUZZAMAN Vs. NAJMA KHATUN

JUDGEMENT

(1.) THE COURT: 1. The instant second appeal arises from a judgment of affirmance where both the Courts have held that the 'talaq-e-biddat' at the behest of the Appellant/Husband is void and contrary to the Constitution Bench decision rendered by the Apex Court in the case of Saira Banu Vs. Union of India reported in AIR 2017 SC 4609.

(2.) The facts emanating from the judgment and the records shown to this Court are exposit that both the parties were married on 13/10/1997 according to Muslim rites, rituals and customs and the marriage was duly consummated as a male child was born on 20/7/2000. According to the Wife/Respondent, she was offered a job as a School Teacher and posted at Buxerhat in the district of Cooch Behar but sensing that there is a sizable income which the Wife/Respondent earned from the said service, attempt was made by the Husband/Appellant to cuff up a major portion thereof and on refusal the dispute cropped up.

(3.) It is further alleged that in the month of November 2007, the Wife/Respondent received a registered envelope evidently issued by the Husband/Appellant containing an affidavit sworn before the Notary Public, Malda that the Husband/Appellant has pronounced three times the word 'talaq' in front of the witness on 12/11/2007 and the aforesaid factum of utterance of the sinful word 'talaq' three times, is duly registered with the local Kazi. The Wife/Respondent immediately filed a suit for declaration that the 'talaq-e-biddat' is void and bad in law and contrary to the law declared by this Court in Saira Banu (supra).