1. Mohd. Ikhlaq filed a civil suit seeking a declaration that his marriage to Kaniz Begum was dissolved through triple talaq uttered on February 12, 2007. 2. The plaintiff and defendant were married in 1989 according to Muslim rites and had three sons together. However, their relationship deteriorated such that reconciliation was not possible. 3. The plaintiff divorced the defendant through triple talaq in the presence of witnesses, paid her dower amount, and made provisions for her maintenance. He now seeks a court declaration confirming the dissolution of their marriage.

1. In the court of Civil Judge, Senior Division, Ludhiana
Mohd. Ikhlaq, aged 45yrs. s/o Mohd. Yameen, r/o B-V-205, opposite Pakka Darwaja,
SAHNEWAL, District Ludhiana
-
Plaintiff
VS
Kaniz Begum w/o Mohd. Ikhlaq, d/o Allah Diya, r/o village Shahpur, Tehsil Raipur
Rani, 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
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2. the parties & that now the plaintiff & defendant cease to be the
husband & wife of each other, on the basis of oral & documentary
evidence
Respectfully 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 per
Muslim Rites, as the parties to the suit profess to Mohammadan Law being Muslims by
religion.
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 sons
were born from this legal wedlock, who are alive & living under the care & custody of
the plaintiff:
a)Iferoz Khan, aged 18 yrs
b)Zulffan Khan, aged 16 yrs.
c)Amir Khan, aged 11 yrs.
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3. 3~The matrimonial relations between the parties severed & it reached such a pass that
now there is no hope of the parties reconciling the matter. This petition is preceded by an
attempt at reconciliation between the husband/plaintiff & the wife/defendant by two
arbiters, 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 since
pronouncement of the Talaq by the plaintiff to the defendant but they are separate from
each other for all intents & purposes as they had severed their matrimonial relations
with each other since then 12-02-2007, when the plaintiff had voluntarily pronounced
the irrevocable “Talaq” thrice in the presence of a Qazi & the defendant's father & two
other witnesses, all of them professing Islam, thereby exercising his right to give “Talaq”
(divorce) to the defendant sincerely, legally & validly. Hence the Talaq between the
plaintiff & the defendant is effective & legal.
The fair & reasonable amount of dower was also paid by the plaintiff
to the defendant, in the presence of her father & the witnesses, to her entire satisfaction
at the time of pronouncement of Talaq, hence the plaintiff has already made reasonable
provision for the life time maintenance of the defendant. The defendant, as such, had
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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-Biddat
which became irrevocable, unambiguous and expresses his definite intention to divorce
the 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 of
their matrimonial relations with each other in itself is sufficient for the parties to live
apart & 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 plaintiff
seeks the decree of declaration from this Hon’ble Court 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” & this Hon’ble Court is within its right to exercise its inherent powers to put to
an end to the matrimony of the parties to the suit thereby passing a decree of
declaration to the effect that the marriage between the parties stood dissolved for all
times to come.
7~The cause of action arose to the plaintiff against the defendant on 12-2-2007 when
the plaintiff settled & paid to the defendant all the maintenance/dower to the
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5. satisfaction of the defendant & pronounced the word “Talaq” thrice thereby divorcing
the defendant for all intents & purposes & same is recurring one.
8~There is no such or similar suit or litigation proceedings pending or finally decided
between the parties to the suit on same cause of action by a court of competent or
limited jurisdiction.
9~The parties to the suit are residing within the local jurisdiction of this Hon’ble
Court, 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/- on
which 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 decree
of 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 the parties & that now the plaintiff &
defendant cease to be the husband & wife of each other.
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6. The plaintiff may also be awarded any other additional or alternative relief to
which 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 my
information. Rest is prayer.
Plaintiff
In the court of Civil Judge, Senior Division, Ludhiana
Mohd. Ikhlaq VS Kaniz Begum
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7. (Civil Suit)
AFFIDAVIT
I, 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 my
mother 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 of
my knowledge & information
Deponent
ordained 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 and
wife by two arbiters, one chosen by the wife from her family and the other by the
husband from his. If their attempts fail, “talaq” may be effected
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8. He may pronounce talaq orally, as long as the words used by him are unambiguous and
express his definite intention. Such talaq takes effect immediately spousal relationship
husband is not willing to free her from wedlock.
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