The Jammu and Kashmir High Court clarified that a husband cannot simply avoid his maintenance obligations by uttering the word Talaq three times.
The Court emphasized that for a divorce pronouncement to be considered valid, it must be done at a specific interval, in the presence of witnesses, and after attempts at reconciliation have failed.
The Court highlighted the importance of witnesses being just individuals who are motivated by a sense of justice to intervene and encourage the couple to resolve their differences and lead a harmonious married life.
This requirement aims to ensure that divorce is not taken lightly and that all efforts are made to salvage the marriage.
Referring to a previous ruling in Mohammad Naseem Bhat v/s Bilquees Akhter, Justice Koul outlined the conditions a husband must meet to prove that a divorce has taken place.
These conditions include demonstrating that genuine efforts were made to reconcile, providing a valid reason for divorce, pronouncing Talaq in the presence of just witnesses, and ensuring that the divorce occurred during a specific period without any sexual relations during that time.
The Court stressed that a husband must fulfill all the necessary requirements to dissolve the marriage and escape his obligations under the marriage contract, including maintenance.
The Court will scrutinize the evidence presented by the husband in such cases and demand strict proof before recognizing the divorce as valid.
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