KOCHI: Kerala High Court has dismissed a petition filed by the former wife of district and sessions judge B Kalam Pasha seeking to declare the talaq invalid. The court said the pre-requisites for pronouncing a valid talaq has been fulfilled in this case. The petition was filed by Sajani A of Kollam. She contended the talaqnama was not valid since it was post-dated and the date was corrected subsequently through a letter. She also pointed out that there was only a single pronouncement of talaq and it was made irrevocable.
Counsel for Kalam Pasha pointed out that the sessions judge had pronounced was a ‘Talaq Ahsan’ and the use of the word ‘irrevocably’ in it was only to alert the petitioner of the seriousness of the decision.
The High Court held that the talaq in the case has to be taken as pronounced after due consideration and not instantaneousness owing to the reconciliation efforts pursued by the parties before its pronouncement.
The use of the word ‘irrevocably’ in the talaqnama is certainly suggestive of an intimation by the former husband to the petitioner, that he was not ready to reconsider his decision.
“Had it not been for subsequent events, we would have certainly held the pronouncement of talaq as illegal on this ground. However, we notice from the evidence before us that, even after the pronouncement of talaq, there were in fact efforts to reconcile, albeit unsuccessful, in which family members of either party
participated,” observed the court.
The court held that notwithstanding the use of the word ‘irrevocably’ in the talaqnama, Kalam Pasha must be seen as having pronounced a Talaq Ahsan, that became irrevocable only on the expiry of the period of three lunar months immediately following the single pronouncement of the talaq.