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Muslim divorce

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Muslim divorce

  1. 1. In the court of Civil Judge, Senior Division, LudhianaMohd. Ikhlaq, aged 45yrs. s/o Mohd. Yameen, r/o B-V-205, opposite Pakka Darwaja,SAHNEWAL, District Ludhiana -Plaintiff VSKaniz Begum w/o Mohd. Ikhlaq, d/o Allah Diya, r/o village Shahpur, Tehsil RaipurRani, District Panchkula, Haryana, at present r/o B-V-205, opposite Pakka Darwaja,SAHNEWAL, District Ludhiana -Defendant SUIT FOR DECLARATION to the effect that the marriage between the plaintiff & the defendant stood dissolved for all intents & purposes, the plaintiff having voluntarily divorced the defendant by uttering the word, “TALAQ TALAQ TALAQ”, (thereby immediately releasing the defendant from the marital ties with him) as envisaged under the Dissolution of Muslim Marriages Act, 1939, governing 1
  2. 2. the parties & that now the plaintiff & defendant cease to be the husband & wife of each other, on the basis of oral & documentary evidenceRespectfully shweth:1~The marriage of the plaintiff was solemnized with the defendant on January 06,1989 at village Shahpur, Tehsil Raipur Rani, District Panchkula, Haryana, as perMuslim Rites, as the parties to the suit profess to Mohammadan Law being Muslims byreligion.2~After the solemnization of marriage, the parties to the suit shifted from Machhrauli,Dist. Yamuna Nagar, to Sahnewal (Ludhiana) lived & cohabited together as husband &wife lastly at Sahnewal (Ludhiana) at the above given address. The following three sonswere born from this legal wedlock, who are alive & living under the care & custody ofthe plaintiff:a)Iferoz Khan, aged 18 yrsb)Zulffan Khan, aged 16 yrs.c)Amir Khan, aged 11 yrs. 2
  3. 3. 3~The matrimonial relations between the parties severed & it reached such a pass thatnow there is no hope of the parties reconciling the matter. This petition is preceded by anattempt at reconciliation between the husband/plaintiff & the wife/defendant by twoarbiters, one chosen by the defendant/ wife from her family & the other by the plaintiff/husband. Though the parties to the suit are living under the same roof sincepronouncement of the Talaq by the plaintiff to the defendant but they are separate fromeach other for all intents & purposes as they had severed their matrimonial relationswith each other since then 12-02-2007, when the plaintiff had voluntarily pronouncedthe irrevocable “Talaq” thrice in the presence of a Qazi & the defendants father & twoother witnesses, all of them professing Islam, thereby exercising his right to give “Talaq”(divorce) to the defendant sincerely, legally & validly. Hence the Talaq between theplaintiff & the defendant is effective & legal. The fair & reasonable amount of dower was also paid by the plaintiffto the defendant, in the presence of her father & the witnesses, to her entire satisfactionat the time of pronouncement of Talaq, hence the plaintiff has already made reasonableprovision for the life time maintenance of the defendant. The defendant, as such, had 3
  4. 4. satisfactorily & voluntarily forgone her right of maintenance against the plaintiff &those in the immovable properties owned or to be owned & possessed by the plaintiff.4~The pronouncement of triple talak by the plaintiff amounts to Talaq-ul-Biddatwhich became irrevocable, unambiguous and expresses his definite intention to divorcethe defendant, therefore, it does not lie in the mouth of the defendant to still say &proclaim that the plaintiff is still her husband.5~The settlement amicably reached between the plaintiff & the defendant qua severity oftheir matrimonial relations with each other in itself is sufficient for the parties to liveapart & aloof from each other as their matrimonial relations have come to an end.6~However, as abundant caution & to avoid any repercussions in future the plaintiffseeks the decree of declaration from this Hon’ble Court to the effect that the marriagebetween the plaintiff & the defendant stood dissolved for all intents & purposes, theplaintiff having voluntarily divorced the defendant by uttering the word, “TALAQ TALAQTALAQ” & this Hon’ble Court is within its right to exercise its inherent powers to put toan end to the matrimony of the parties to the suit thereby passing a decree ofdeclaration to the effect that the marriage between the parties stood dissolved for alltimes to come.7~The cause of action arose to the plaintiff against the defendant on 12-2-2007 whenthe plaintiff settled & paid to the defendant all the maintenance/dower to the 4
  5. 5. satisfaction of the defendant & pronounced the word “Talaq” thrice thereby divorcingthe defendant for all intents & purposes & same is recurring one.8~There is no such or similar suit or litigation proceedings pending or finally decidedbetween the parties to the suit on same cause of action by a court of competent orlimited jurisdiction.9~The parties to the suit are residing within the local jurisdiction of this Hon’bleCourt, hence this Hon’ble Court has got the jurisdiction to entertain & decide this suit.10~The value of the suit for the purposes of court fee & jurisdiction is Rs.200/- onwhich court fee of Rs.20/- is payable & paid on the plaint. It is, therefore, prayed that this Hon’ble Court may be pleased to pass a decreeof declaration to the effect that the marriage between the plaintiff & the defendant stooddissolved for all intents & purposes, the plaintiff having voluntarily divorced thedefendant by uttering the word, “TALAQ TALAQ TALAQ”, (thereby immediately releasingthe defendant from the marital ties with him) as envisaged under the Dissolution ofMuslim Marriages Act, 1939, governing the parties & that now the plaintiff &defendant cease to be the husband & wife of each other. 5
  6. 6. The plaintiff may also be awarded any other additional or alternative relief towhich he is found entitled to. Plaintiff Through counsel Advocate VERIFICATION:Verified at Ludhiana on 16-7-09 that the contents of Para 1 to 8 of the plaint are true& correct to the best of my knowledge & those of 9 & 10 are correct to the best of myinformation. Rest is prayer.Plaintiff In the court of Civil Judge, Senior Division, Ludhiana Mohd. Ikhlaq VS Kaniz Begum 6
  7. 7. (Civil Suit) AFFIDAVITI, Mohd. Ikhlaq, aged 45yrs. s/o Mohd. Yameen, r/o B-V-205, opposite Pakka Darwaja,SAHNEWAL, District Ludhiana, do hereby solemnly declare & affirm as under:The plaint enclosed hereto has been drafted on the basis of the information given by me& I’ve put my hands on it after its contents were read over & explained to me in mymother tongue. It is not repeated for brevity’s sake. Deponent VERIFICATION:Verified at Ludhiana on 16-7-09 that the contents above are true & correct to the best ofmy knowledge & informationDeponentordained by Holy Quran is: (i) that “talaq” must be for a reasonable cause; and (ii)that it must be preceded by an attempt at reconciliation between the husband andwife by two arbiters, one chosen by the wife from her family and the other by thehusband from his. If their attempts fail, “talaq” may be effected 7
  8. 8. He may pronounce talaq orally, as long as the words used by him are unambiguous andexpress his definite intention. Such talaq takes effect immediately spousal relationshiphusband is not willing to free her from wedlock. 8

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