MADURAI: Observing that Talaq must be for a reasonable cause and be preceded by attempts to reconciliation between the husband and the wife by two arbiters, the Madurai Bench of Madras High Court has upheld an order passed by a subordinate court, nullifying a Talaq notice for failing to fulfil the above prerequisites.
Justice J Nisha Banu passed the order while allowing a second appeal filed by one Nazeeyma of Theni. Nazeeyma, in her appeal, challenged the decree passed by an Additional District and Sessions Judge of Theni reversing the nullification of her husband Mydeen Batcha’s Talaq notice by Theni Subordinate court.
Justice Banu noted that the Sessions court had reversed the order on the sole ground that Nazeeyma had challenged the legal notice of her husband, instead of Talaq notice. But Nazeeyma claimed that she did not receive any Talaq letter, the judge observed. The acknowledgment card for proving the reception of the letter was also defective, Justice Banu added. Moreover, grant of mahar and return of articles, and payment of iddtha amount were all mentioned only in the legal notice and not in the alleged Talaq letter, pointed out the judge.
The judge further observed, “The correct law of Talaq as ordained by the Holy Quran is that Talaq must be for a reasonable cause and be preceded by attempts to reconciliation between the husband and the wife by two arbiters and if the attempts fail, the Talaq may be effected.” As no evidence has been produced to show the conditions were followed, she held that Talaq was not legally pronounced in the case.