MANU/GH/0033/1978

Equivalent Citation: (1981)1GLR358, (1981)1GLR358

IN THE HIGH COURT OF GAUHATI

Criminal Revision No. 199 of 1977
Decided On: 31.03.1978
Appellants: Sri. Jiauddin Ahmed
Vs.
Respondent: Mrs. Anwara Begum
Hon'ble Judges/Coram:
Baharul Islam, J.
Counsels:
For Appellant/Petitioner/Plaintiff: K.N. Saikia and A.C. Bargohain, Advs.
For Respondents/Defendant: N.C. Das, Adv.
Case Note:
Criminal - Maintenance - Section 125 of Criminal Procedure Code, 1973
(Cr.P.C.) - First class Magistrate passed order of granting maintenance in
favor of opposite party under Section 125 of Code - Hence, this Application -
Whether, there had been a valid talaq of wife by Petitioner under Muslim
Law - Held, talaq must be for reasonable cause and be preceded by
attempts at reconciliation between husband and wife by two arbiters-one
from wife's family other from husband's - If attempts fail, talaq could be
effected - An attempt at reconciliation by two relations-one each of parties,
was an essential condition precedent to 'talaq' - It was observed that
Petitioner merely alleged in his written statement before Magistrate that
he bad pronounced talaq to opposite party, but he did not examine himself,
nor he had adduced any evidence worth name to prove talaq - There was no
proof of talaq or its registration - Registration of marriage and divorce
under Assam Muslim Marriages and Divorces Registration Act, 1935 was
voluntary and unilateral - Thus, mere registration of divorce (or remarriage)
even if proved, would not render valid divorce which was otherwise invalid
under Muslim Law - Application dismissed. Ratio Decidendi"Husband shall
be bound to pay maintenance to wife, if she has no independent source of
income."
JUDGMENT
Baharul Islam, J.
1 . This is an application in revision made by the Petitioner, who is the husband,
against the order passed by a first class Magistrate at Tinsukia in favor of the
opposite party, Mrs. Anwara Begum, granting her maintenance allowance at the rate
of Rs. 300/- per month under Section 125 of the Code of Criminal Procedure 1973
(hereinafter called 'the Code').
2. The material facts may be briefly stated thus:

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 The Petitioner is a Senior Executive of the A.O.C. Refinery at Digboi. Mrs.
Anwara Begum was married to him at Marguerite in the year 1973. Both the
parties are Musalmans and governed by Muslim Personal Law.
The opposite party in her petition under Section 125 of the Code alleged that
she lived with her husband for about 9 months during which time the
marriage had been consummated. Thereafter the Petitioner began to torture
her and even used to beat her. Ultimately the Petitioner prove her away
whereupon she has been living with her father, who is a day laborer. She has
alleged that the Petitioner draws a salary of Rs. 3,500/- per month but in
spite of that he has been neglecting her. So she prayed for grant of
maintenance allowance at the rate of Rs. 500/- per month.
3. The Petitioner filed a written statement. He admitted the marriage. He has alleged
that there was incompatibility in the temperament between him and the wife. He has
defied that he treated his wife with cruelty. He has alleged that the wife was allowed
to go to her parents' house with the hope that she might change, but as she did not
change, he had no alternative but to divorce her by pronouncing 'Talak' on 10.10.76
and the same was registered at Kazi's office on 12.10.76 at Dibrugarh. He has further
averred that the wife was paid all sums payable under the Ma named an Law on the
day of divorce".
4. Before the Magistrate the wife examined herself and P.W. 2, the Head clerk of the
Accounts Department, A.O.C. at Digboi to prove the Petitioner's income, and P.Ws 3
and 4 to prove currently. The Petitioner did not examine himself but examined one
Murtaza as his witness to prove registration of the talaq.
5 . The learned Magistrate, on a consideration of the materials before him, has,
arrived at the following findings of fact; (i) that the husband has sufficient means to
maintain his wife; (ii) that he has neglected to maintain her; (iii) that the wife is
unable to maintain herself ; (iv) that the 'wife' has not re-married; with the result he
has passed the impugned order granting maintenance allowance at the rate of Rs.
300/- per month as stated earlier. Relying on 36 C.W.N. 305, he held that the
Petitioner orally pronounced talk in the absence of the wife and it was a valid divorce
but be granted maintenance as the definition of 'wife' in Clause (b) of the Explanation
to Section 125(1) of the Code 'includes a woman divorced by her husband and his
not remarried".
6. The first point that falls for consideration is whether there has been a - valid talaq
of the wife by the Petitioner under the Muslim Law. 'Talaq' is an Arabic word meaning
divorce. It carries the literal significance of 'freeing' or 'the undoing of a knot'. Talaq
means divorce of a woman by her husband. Before the advent of Prophet Muhammad
the condition of women in the world particularly in Arabia, was very miserable. For
all practical purposes worn en were the properties or chattel, as it were, of men. A
man could marry any number of wives and could divorce any of them at any time at
his whims or caprice, Islam realized that for peace and happiness of a family and for
protection and beneficial upbringing of children, divorce was undesirable. The Holy
Quran put strong restrictions on the divorce of women by their husbands.
Though marriage under the Muslim Law is only a civil contract, yet the rights and
responsibilities consequent upon it are of such importance to the welfare of
humanity, that a high degree of sanctity is attached to it. But in spite of the
sacredness of the character of the marriage-tie, Islam recognizes the necessity, in

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exceptional circumstances, of keeping the way open for its dissolution.
7. There has been a good deal of misconception of the institution of 'talaq' under the
Muslim Law. Both from the Holy Quran and the Hadis it appears that, though divorce
was permitted, yet the right could be exercised only under exceptional circumstances.
The Holy prophet is reported to have said: "Never did Allah allow anything more
hateful to Him than divorce". According to a report of Ibn 'Umar' he said; "With Allah
the most detestable of all things permitted it divorce" (See the Religion of Islam by
Maulana Muhammad All at page 671).
In his commentary on The Holy Quran, Maulana Mohammad Ali has said:
Divorce is one of the institutions in Islam regarding; which much
misconception prevails, so much so that even the Islamic Law, as
administered in the Courts, is not free from these misconceptions.
(Quoted by Prof. M.R. Zafer in his paper Unilateral Divorce in Muslim Personal Laws
published in Islamic Law in Modern India, by the Indian Law Institute).
The learned author has observed:
Some Muslim jurists and scholars point out that from the very beginning of
the recognition of the principle of unilateral divorce, forces had been at work
which has restricted and limited its free and unnecessary use.
As observed by Abdur Rahim:
If the exercise of a particular right is likely to lead to abuses, the law would
guard against such a contingency by imposing conditions and limitations.
There are certain limitations imposed by the law upon the right of the
husband to dissolve the marriage.
There is a large and influential body of Muslim jurists who regard talaq emanating
from the husband as really prohibited except for necessity and only with the sanction
of a judge administering the Muslim Law.
8. The learned Magistrate relied on the following observations of the Privy Council in
the case of Rashid Ahmed v. Mst. Anisa Khatun reported in MANU/WB/0005/1932 :
36 C.W.N. 505:
It is not necessary that the wife should be present when the talaq is
pronounced.
We are not concerned with this aspect of the matter. What we are concerned with is
whether there was otherwise a valid talaq under the Muslim law.
In the case of Ahmed Kasim Molla v. Khatun Bibi reported in ILR Cal 833 Justice
Costello held:
Upon that point, there are a number of authorities and I have carefully
considered this point as dealt with in the very early authorities to see
whether I am in agreement with the more recent decisions of the Courts. I
regret that I have to come to the conclusion that as the Law stands at
present, any Mahomedan may divorce his wife at his mere whim and caprice.

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Following Macnaghten who held that "there is no occasion for any particular cause for
divorce, and more whim is sufficient"; and justice Batchelor in the case of Sarabat v.
Rabiabai ILR 30 Bom 537 he held:
it is good in law, though bad in theology.
The learned Judge quoted the following from Ameer Ali's Treatise on Mahomedan
Law:
The Prophet pronounced talk to be most detestable thing before the Almighty
God of all permitted things.
If talk is given without any reason it is stupidity and ingratitude to God.
He has also quoted from Ameer Ali's Treatise on Mahomedan Law the following
passage:
The author of the Multeka (Ibrahim Halebi) is more concise. He says-'The law
gives to the man primary the power of dissolving the marriage, if the wife,
by her indocility or her bad character, renders the married life unhappy; but
in the absence of serious reasons, no Musalman can justify a divorce either
in the eyes of the religion or the law. If he abandons his wife or put her
away from simple caprice, he draws upon himself the divine anger, for 'the
curse of God', said the Prophet,"' rests on him who repudiates his wife
capriciously.
Costello, J. in his learned judgment has also referred to the case of Asha Bibi v. Kadir
Ibrahim Rowther ILR Mad. 22 where Munro and Abdur Rabim, JJ. held:
No doubt an arbitrary or unreasonable exercise of the right to dissolve the
marriage is strongly condemned in the Koran and in the reported sayings of
the Prophet (Hadith) and is treated as a spiritual offence. But the impropriety
of the husband's conduct would in no way affect the legal validity of a
divorce duly effected by the husband.
It may be noticed that the learned Judges, Munro and Amir Ali, in my respectful
opinion, advisedly used the expression "Divorce duly effected" in the judgment. No
divorce is duly effected if it is in violation of the injunction of the Quran. Costello, J.
has also referred to a decision of Privy Council reported in ILR Rule 5, Rangoon 18,
in which it has been held:
According to that law, (that is Muslim Law), a husband can effect a divorce
whenever he desires.
But the Privy Council has not said that the divorce need not be duly affected, or no
procedure enjoined by the Quran need be followed.
The learned Judge, however, preferred Macnaghten and Batchelor, J. (in (ILR 30
Bom. 537) to Amir Ali and Munro and Abdur Rahim, JJ.)
9. It is, therefore, necessary to refer to the relevant verses of the Holy Quran which
is the primary source of the Muslim Law, on the relationship between the husband
and wife and divorce of the wife by the husband.
The Holy Quran ordains: (English translation from A. Yusuf Ali's The Holy Quran):

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 128. If a wife fears cruelty or desertion on her husband's part, There is no
blame on them If they arrange An amicable settlement Between themselves;
And such settlement is best; Even though men's souls Are swayed by greed.
But if ye do good And practice self-restraint, God is well-acquainted With all
that ye do.
129. Ye are never able to be fair and-just as between women, Even if it is
Your ardent desire: But turn not away (From a woman) altogether, So as to
leave her (as it were) Hanging (in the air). If we came to a friendly
Understanding, and practice Self-restraint, God is Oft-forgiving, Most
Merciful,
130. But if they disagree (And must part), God Will provide abundance For
all from His All-reaching bounty: For God is He That caret for all And is wise.
(Sura IV, Verses 128 to 130)
The Holy Quran has further ordained:
229. A divorce is only Permissible twice: after that, The parties should either
hold Together or equitable terms, or separate with kindness. It is not lawful
for you, (Men), to take back any of your gifts (from your wives), Except
when both parties Fear that they would be Unable to keep the limits Ordained
by God. If ye (Judges) do indeed Fear, that they would be Unable to keep the
limits Ordained by God, There is no blame on either of them if she gives
something for her freedom, these are the limits Ordained by God: So do not
transgress them. If any do transgress the limits ordained by God. Such
persons wrong (Themselves as well as others).
230. So if a husband Divorces his wife (irrevocably), he cannot, after that,
Re-marry her until after she has married another husband and He has
divorced her, In that case there is No blame on either of them if they re-
unite, provided they feel that they can keep the limits Ordained by God. Such
are the limits Ordained by God, Which He makes plain to those who under it
and.
231. When ye divorce Women, and they fulfill The term of their ('Iddat'),
Either take them back On equitable terms Or set them free With Kindness;
But do not take them back To injure them, (or) to take Undue advantage; If
any one does that, He wrongs his own soul. Do not treat God's Signs As a
jest, But solemnly rehearse God's favors on you, And the fact that He Sent
down to you The Book And Wisdom, For your instruction. And fear God, And
know that God Is well acquainted With all things.
232. When ye divorce Women, and they fulfill The term of their ('Iddat'), Do
not prevent them From marrying Their (former) husbands, If they mutually
agree on equitable terms. This instruction is for all amongst you, Who
believe in God And the Last Day. That is (the course Making for) most virtue
And purity amongst you. And God knows, And ye know not.
(Sura II, Verses 229-232).
1 0 . The learned Commentator, Abdullah Yusuf Ali, commenting on the subject of
'talaq' has observed:

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 Islam tried to maintain the married state as far as possible, especially where
children are concerned, but it is against the restriction of the liberty of men
and women in such vitally important matters as love and family life. It will
check hasty action as far as possible and leave the door to reconciliation
open at many stages. Even after divorce a suggestion of reconciliation is
made, subject to certain precautions against though' less action, A period of
waiting (Iddat) For three monthly courses is prescribed, in order to see if the
marriage conditionally dissolved is likely to result in issue. But this is not
necessary where the divorced woman is a virgin. It is definitely declared that
women and men shall have similar rights against each other.
Yusuf Ali has further observed:
Where divorce for mutual incompatibility is allowed, there is danger that the
parties might act hastily, then repent, and again wish to separate. To prevent
such capricious action repeatedly, a limit is prescribed. Two divorces (with a
reconciliation between) are allowed. After that the parties must united make
up their minds, either to dissolve their union permanently, or to live
honorable lives together in mutual love and forbearance to 'hold together on
equitable terms, 'neither party worrying the other nor grumbling nor evading
the duties and responsibilities of marriage.
Yusuf Ali proceeds:
All the prohibitions and limits prescribed here are in the interests of good
and honorable lives for both sides, and in the interests of a clean and
honorable social life, without public or private scandals....
***
Two divorces followed by re-union are permissible the third time the divorce
becomes irrevocable, until the woman aperies some other man and he
divorces her. This is to set an almost impossible condition. The lesson is: if a
man loves a woman he should not allow a sudden gust of temper or anger to
induce him to take hasty action....
If the man takes back his wife after two divorces, he must do so only on
equitable terms, i.e. he must not put pressure on the woman to prejudice her
rights in any way, and they must live in clean and honorable lives, respecting
each other's personalities....
The learned Commentator further observes:
The termination of a marriage bond is a most serious matter for family and
social life. An every lawful device is approved which can equitably bring back
those who have lived together, provided only there is mutual love and they
can live on honorable terms with each other. If these conditions are fulfilled,
it is no right for outsiders to prevent or hinder re-union. They may be
swayed by property or other considerations.
11. The Holy Quran has ordained a condition precedent to divorce in Sura IV verse
35:
If ye fear a breach Between them twain, Appoint two arbiters. One from his

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 family, And the other from hers; If they wish for peace; God will cause Their
reconciliation: For God hath full knowledge, And is acquainted With all
things
Thus runs the commentary of Yusuf AH on the above verse:
This is:
An excellent plan for settling family disputes, without too much publicity or
mud-throwing, or resort to the chicaneries of the law. The Latin countries
recognize this plan in their legal system. It is a pity that Muslims do not
resort to it universally, as they should. The arbiters from each family would
know the idiosyncrasies of both parties, and would be able, with God's help,
effect a real reconciliation.
Maulana Mohammad Ali has commented on the above verse thus:
This verse lays down the procedure to be adopted when a case for divorce
arises. It is not for the husband to put away his wife; it is the business of the
judge to decide the case. Nor should the divorce case be made too public.
The Judge is required to appoint two arbitrators, one belonging to the wife's
family and the other to the husband's. These two arbitrators will find out the
facts but their objective must be to effect a reconciliation between the
parties. If all hopes of reconciliation fail, a divorce is allowed. But the final
decision rests with the judge who is legally entitled, to pronounce a divorce.
Cases were decided in accordance with the directions contained in this verse
in the early days of Islam.
The same learned author commenting on the above verse (IV: 35) in his the Religion
of Islam has observed:
From what has been said above, it is clear that not only must there be a
good cause for good cause for divorce, but that all means to effect
reconciliation must have been exhausted before resort is had to this extreme
measure. The impression that a Muslim husband may put away his wife at his
mere caprice, is a grave distortion of the Islamic institution of divorce.
(emphasis added)
Fyzee denounces talaq as "absurd and unjust", Abdur Rabim says:
I may remark that the interpretation of the law of divorce by the jurists,
specially of the Hanafi School, is one flagrant instance where because of
literal adherence to mere words and a certain tendency towards subtleties
they have reached a result in direct antagonism to the admitted policy of the
law on the subject.
12. Mohammad Ali has observed:
Divorce is thus discouraged:
If you hate them (i.e. your wives) it may be that you dislike a thing
while Allah has placed abundant good in it." Remedies are also
suggested to avoid divorce so long as possible:

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 And if you fear a breach between the two (i.e., the husband and the
wife), then appoint a judge from his people and a judge from her
people; if they both desire agreement, Allah will effect harmony
between them.
It was due to such teachings of the Holy Quran that the Holy Prophet declared divorce
to be the most hateful of all things permitted... The mentality of the Muslim is to face
the difficulties of the married life along with its comforts and to avoid disturbing the
disruption of the family relations as long as possible, turning to divorce only as a last
resort." The learned author has further observed:
The principle of divorce spoken of in the Holy Quran and which in fact
includes to a greater or less extent all causes, is the decision no longer to
live together as husband and wife. In fact, marriage itself is nothing but an
agreement to live together as husband and wife and when either of the
parties finds him or herself unable to agree to such a life, divorce must
follow. It is not, of course, meant that every disagreement between them
would lead to divorce; it is only the disagreement to live any more as
husband and wife....
He then refers to the condition laid down in Sura IV verse 35.
The learned author proceeds:
The 'shiqaq' or breach of the marriage agreement may also arise from the
conduct of either party; for instance, if either of them misconducts himself or
herself, or either of them is consistently cruel to the other, or, as may
sometimes happen there is incompatibility of temperament to such an extent
that they cannot live together in marital agreement.
The 'shiqaq' in these case is more express but still it will depend upon the
parties whether they can pull on or not. Divorce must always fellow when
one of the parties finds it impossible to continue the marriage agreement and
is compelled to break it off. At first sight it may look like giving too much
latitude to the parties to allow them to end the marriage contract thus, even
if there is no reason except incompatibility of temperament, but this much is
certain that if there is such disagreement that the husband and the wife
cannot pull together, it is better for themselves, for their offspring and for
society in general that they should be separated than that they should be
compelled to live together. No home is worth the name wherein instead of
peace there is wrangling; and marriage is meaningless if there is no spark of
love left between the husband and the wife. It is an error to suppose that
such latitude tends to destroy the stability of marriage, because marriage is
entered into as a permanent and sacred relation based on love between a
man and a woman, and divorce is only a remedy when marriage fails to fulfill
its object.
With regard to the husband's right of pronouncing divorce the learned author has
found:
Though the Holy Quran speaks of the divorce being pronounced by the
husband yet a limitation is placed upon the exercise of this right.
He then refers to the procedure laid down in Sura IV Verse 35 quoted above, and

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says:
It will be seen that in all disputes between the husband and the wife, which
it is feared will lead to a breach, two judges are to he appointed from the
respective people of the two parties, These judges are required first to try to
reconcile the parties to each other, failing which divorce is to be effected.
Therefore, though it is "the husband who pronounces the divorce, he is as
much bound by the decision of the judges, as, is the wife. This shows that
the husband cannot repudiate the marriage at will. The case must first be
referred to two judges and their decision is binding... The Holy Prophet is
reported to have interfered and disallowed a divorce, pronounced by a
husband, restoring the marital relations (Bu. 68: 2). It was no doubt matter
of procedure, but it shows that the authority constituted by law has the right
to interfere in matters of divorce.
The learned author has further observed:
Divorce may be given orally, or in writing, but it mutt take place in the
presence of witnesses.
13. A perusal of the Quranic verses quoted above and the commentaries thereon by
well-recognized Scholars of great eminence like Mahammad Ali and Yusuf All and the
pronouncements of great jurists like Ameer Ali and Fyzee completely rule out the
observation of Macnaghten that "there is no occasion for any particular cause for
divorce, and mere whim is sufficient", and the observation of Batchelor, J. (ILR 30
Bom. 537) that "the whimsical and capricious divorce by the husband is good in law,
though bad in theology". These observations have been based on the concept that
women wore chattel belonging to men, which the Holy Quran does not brook,
Costello, J. in 59 Calcutta 833 has not, with respect, laid down the correct law of
talaq. In my view 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 at reconciliation
between the husband and the wife by two arbiters-one from the wife's family the
other from the husband's. If the attempts fail, talaq may be effected.
14. The modern trend of thinking is to put restrictions on the caprice and whim of
the husband to give talaq to his wife at any time without giving any reason
whatsoever. This trend is in accordance with the Quranic injunction noticed above,
namely, that normally there should be avoidance of divorce, and if the relationship
between the husband and the wife becomes strained, two persons-one from each of
the parties should be chosen as arbiters who will attempt to effect reconciliation
between the husband and the wife; and if that is not possible the talaq may be
effected. In other words, an attempt at reconciliation by two relations-one each of the
parties, is an essential condition precedent to 'talaq'.
15. The view I have taken gets strong support from a judgment of Krishna Ayer, J.
(now of the Supreme Court) in the case of A. Yusuf Rawther v. Sowramma reported
in MANU/KE/0059/1971 : AIR 1971 Ker 261 The learned Judge has observed:
The interpretation of a legislation, obviously intended to protect a weaker
section of the community, like women, must be informed by the social
perspective and purpose and, within its grammatical flexibility, must further
the beneficent object. And so we must appreciate the Islamic ethos and the
general sociological background which inspired the enactment of the law
before locating the precise connotation of the words used in the statute....

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 Since infallibility is not an attribute of the judiciary, the view has been
ventured by Muslim jurists that the Indo-Anglian judicial exposition of the
Islamic law of divorce has not exactly been just to the Holy Prophet or the
Holy Book. Marginal distortions are inevitable when the Judicial Committee in
Downing Street has to interpret Manu and Muhammad of India and Arbia.
The soul of culture-law is largely the formalized and enforceable expression
of a community's culture norms cannot be fully understood by alien minds.
The view that the Muslim husband enjoys an arbitrary, unilateral power to
inflict instant divorce does not accord with Islamic injunctions... Indeed a
deeper study of the subject discloses a surprisingly rational, realistic and
modern law of divorce....
The learned Judge proceeds:
It is a popular fallacy that a Muslim male enjoys under the Quranic law,
unbridled authority to liquidate the marriage. The whole Quran expressly
forbids a man to seek pretexts for divorcing his wife, so long as she remains
faithful and obedient to him, "If they (namely woman) obey you then do not
seek a way against them" (Quran IV: 34). Commentators on the Quran have
rightly observed and this tallies with the law now administered in some
Muslim countries like Iraq-that the husband must satisfy the Court about the
reasons for divorce. However, Muslim law, as applied in India, has taken a
course contrary to the spirit of what the Prophet or what the Holy Quran laid
down and the same misconception vitiates the law dealing with the wife's
right to divorce.
Quoting Dr. Galwash the learned Judge has observed:
Marriage being regarded as a civil contract and as such not indissoluble, the
Islamic law naturally recognizes the right in both the parties, to dissolve the
contract under certain given circumstances, Divorce, then, is a natural
corollary to the conception of marriage as a contract....
It is clear, then, that Islam discourages divorce in principle, and permits it
only when it has become altogether impossible for the parties to live
together in peace and harmony. It avoids, therefore, greater evil by choosing
the lesser one, and 6pens a way for the parties to seek agreeable
companions and, thus, to accommodate themselves more comfortably in
their new homes.
Further quoting Dr. Galwash the learned Judge says:
...divorce is permissible in Islam only in cases of extreme emergency.
16. In the instant case the Petitioner merely alleged in his "written statement before
the Magistrate that he bad pronounced talaq to the opposite party; but he did not
examine himself, nor has he adduced any evidence worth the name to prove talaq'.
There is no proof of talaq, or its registration. Registration of marriage and divorce
under the Assam Muslim Marriages and Divorces Registration Act, 1935 is voluntary,
and unilateral. Mere registration of divorce (or raarriaga) even if proved, will not
render valid divorce which is otherwise invalid under Muslim Law.
17. Relying on some decisions (MANU/UP/0079/1939 : AIR 1939 All 592, 1975 Crl.
L.J. 1884 and 1977 Crl. L.J. 43) Mr. Saikia appearing for the Petitioner submits that if

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the husband fails to prove 'talaq' before the wife's petition under Section 125 of the
Code, talaq will be valid and take effect from the date of his mention of talaq made in
his written statement, saying that he has divorced her. With respect I am unable to
subscribe to the above view, as this view appears to be contrary to Quranic
injunction on the subject referred to above.
18. The last submission of Mr. Saikia that as the Petitioner has paid all dues at the
time of the talaq, the wife is not entitled to maintenance under Section 125 read with
Sub-section (3) of Section 127 of the Code, has no basis, firstly because except the
mere allegation, there is no proof of such payment; secondly because, as the
Petitioner baa failed to prove 'talaq', the question of his payment of all dues 'at the
time of talaq' does not arise.
19. In the result this application fails and is rejected. The Rule is discharged.

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