In a significant ruling, the Jammu and Kashmir High Court has held that a husband cannot evade his responsibility to provide maintenance to his wife simply by pronouncing talaq thrice. The judgment was delivered by a Single Bench comprising Justice Vinod Chatterji Koul in the case of Mohd Iqbal Bhat vs Nusrat Bano (CMA No. 93/2023).
The case originated from a maintenance petition filed by Nusrat Bano under Section 488 of the Code of Criminal Procedure (CrPC) against her husband, Mohd Iqbal Bhat. The trial court had ordered the husband to pay a monthly maintenance of โน3,000 to his wife. Aggrieved by this decision, the husband appealed to the Sessions Court, which upheld the trial court’s order.
The husband then approached the High Court, challenging the lower courts’ orders. His primary contention was that he had divorced his wife by pronouncing talaq thrice, and therefore, was not obligated to pay maintenance.
The High Court, however, rejected this argument, emphasizing that the mere pronouncement of talaq thrice does not constitute a valid divorce under Islamic law. The court observed that for a divorce to be valid, it must follow the prescribed procedure, including attempts at reconciliation and the presence of witnesses.
Justice Koul, delivering the judgment, stated, “Mere plea of talaq, without any proof of the same having been pronounced, cannot be a ground to deny maintenance to the wife.” The court further noted that even if a valid divorce had taken place, the husband would still be responsible for maintaining his wife during the iddat period.
The High Court also addressed the issue of the wife’s alleged adultery, which the husband had raised as a defense against paying maintenance. The court held that such allegations must be substantiated with concrete evidence and cannot be based on mere suspicion or hearsay.
In a significant observation, the court emphasized the importance of financial security for women in marriage. Justice Koul remarked, “The purpose of maintenance laws is to prevent vagrancy and destitution of a deserted wife by providing her the necessary funds for sustenance”.
The court upheld the lower courts’ orders, directing the husband to pay the stipulated maintenance amount to his wife. It also imposed costs of โน10,000 on the husband for filing a frivolous petition.
This judgment is seen as a progressive step towards protecting women’s rights and ensuring their financial security in marital disputes. It reinforces the principle that husbands cannot escape their responsibilities towards their wives by resorting to arbitrary divorce practices.
The case was argued by Advocate Asif Maqbool for the petitioner (husband) and Advocate Syed Majid Shah for the respondent (wife).
This ruling by the Jammu and Kashmir High Court aligns with the Supreme Court’s stance on triple talaq and reinforces the need for a fair and just approach in matters of divorce and maintenance in Muslim personal law.
Note: This Article has been corrected, as due to some technical error the name of the Hon’ble Judge was incorrectly mentioned. The error was bonafide and we regret that.
