Recovery of maintenance by wife under Shia Sect

!Muslim Family Laws

Recovery of maintenance allowance‑‑Period, determination of‑‑‑Wife filed suit for recovery of maintenance allowance‑‑­husband divorced the wife during pendency of the suit‑‑‑Parties belonged to Shia Sect and husband had authorized one of his witnesses who had not only read “Khutba Talaq” in specific Arabic words in presence of two witnesses but at had put his signatures as its margin witness on the divorce deed‑‑Trial Court, decreed the suit in favour of the wife but appellate Court modified the judgement and decree to be effective from the date completion of period of Iddat‑‑‑Plea rose by the wife was that the divorce had put effected as the same had not been pronounced in accordance with Shia Law Validity‑‑‑At the time of pronouncement of “Khutba Talaq” husband was also present in addition to two witnesses and the husband had put his signatures on the divorce deed, therefore, requirements of Shia Law were fully complied with‑‑‑Appellate Court had rightly appreciated the position and there was no illegality warranting interference in exercise of Constitutional jurisdiction‑‑­Constitutional petition was dismissed in limine.

 

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