1995 A I H C 2192 ::(1995) 2 HinduLR 268 ::(1995) 1 CivLJ 125 ::(1995) 2 Bom CR 110 ::(1995) 2 DMC 390 ::(1995) 2 Mah LJ 506

Bombay High Court

Hon'ble Judge(s): R.g. Vaidyanatha , J

(A) Muslim Law - Dawoodi Bohra Sect - Divorce - Husband can give talaq unilaterally with or without any cause - Wife's consent or presence is not necessary. Dawoodi Bohras are Shias and are generally governed by Ismailyas. Taiyabi and Fatimid Law under which husband is permitted to give talaq to his wife with or without any cause. It is true that talaq is disapproved but it is not forbidden. There are only two valid forms of divorce viz., Ahsan (the most approved) and Hasan (approved). In the Ahsan form, there is only one single pronouncement when the wife is in purity followed by abstinence from sexual intercourse during the whole period of iddat. The other form is Hasan where the husband has to make three pronouncements during three consecutive periods of purity of the wife.(Para 5 6) The fact that the Muslim Law has recognised unilateral right of the husband to give talaq itself shows that wife's consent or wife's presence is not necessary. What is necessary is presence of two witnesses at the time of pronouncement of talaq. The wife's duty to observe 'Iddat' comes into effect from the date she gets the knowledge of the divorce.(Para 9) (B) Muslim Law - Dawood Bohra Sect - Talaq - Prior mediation or attempt at reconciliation is ....