New Delhi, Oct 06: Pronouncing a major judgement relating to divorce among Muslims, the Supreme Court has ruled that a mere plea of talaq taken in an unsubstantiated written statement submitted before a court could not be accepted as a proof of talaq. Disagreeing with the established practice narrated by experts of Muslim Law, Mulla and Dr Tahir Mahmood, a Bench comprising Justice R C Lahoti and Justice P V Reddi said, "The talaq to be effective has to be pronounced."

"A plea of previous divorce taken in the written statement cannot at all be treated as pronouncement of talaq by the husband on wife on the date of filing of the written statement in the court followed by delivery of a copy thereof to the wife," said Justice Lahoti, writing for the Bench.

One Shamim Ara was married to Abrar Ahmed in 1968. In 1979, she filed an application before a Family Court seeking maintenance from her husband under Section 125 of Criminal Procedure Code on the ground that he had deserted her.
The husband in 1990 filed a written statement making an averment that he had divorced her in 1987 and thus, she was not entitled to any maintenance. The Family Court in its judgement in 1993 rejected the wife's plea for maintenance on the ground that she had already been divorced. Bureau Report