Jammu Tawi, Jan 8: In a first of its kind orders in the Union territory of Jammu and Kashmir after the passing of 2019 Muslim women protection from divorce Act the court of Sub- Registrar (Munsiff) Jammu has stayed the operation of Talaq-e-Kulanam which is a type of divorce deed under the Muslim personal law in a suit filed by one Muslim woman (name withheld) against her husband (name omitted).
It is apt to mention here that the Muslim lady had filed a suit seeking declaration of the unilateral divorce deed called the” Talaq-e-Khulanama” executed by her husband on 6.3.2020 as illegal inoperative, null and void in the eyes of law and further had sought a decree of permanent prohibitory injunction against the defendant from using the said unilateral divorce deed anywhere. Plaintiff had sought a decree of the dissolution of marriage between the plaintiff and defendant under section 2 of the Dissolution of Muslim marriages Act 1939 now applicable to the Union territory of Jammu and Kashmir and dissolve the marriage between the parties by a decree of the court besides other reliefs claimed by the lady.
The defendant husband was represented by Mr S S Ahmed, Mr. Latif Malik, Mr Anees Mohd and Mr Muzaffar Ali Shah advocates who had filed their detailed written statement and denied the allegations levelled by the Muslim wife again the husband.
After hearing the parties at length the Sub-Registrar Jammu Ms Smriti Sharma in a first of its kind order has decided the interlocutory application of the plaintiff lady and has observed that according to the model law the proposal for cola made by the wife may be retracted by her before the acceptance by the husband and the proposal would stand revoked on the wife rises from the meeting where the proposals made. The court observed that once the applicant wife had withdrawn her demand of cola and the terms of agreement were not struggled between the parties and even not signed by the applicant then how Talaq-e-Khulanama was prepared as a matter of evidence.
The court dwelled upon various authorities on Muslim law and finally held that there was a prima facie case in favour of the plaintiff lady as she had withdrawn her demand of cola and thus restrain the defendant from using the impugned Talaq-e-Khulanama dated 6.03.2.20 anywhere as the operation of the said Divorce was stayed.
The suit was filed through Counsel A K Sawhney, Aseem Sawhney and Anmol Sharma advocates.
