Husband making false claim of divorce in maintenance case filed under section 125 crpc. In that case he filed reply and stated that we have divorced, and marriage does not subsist. In that reply he also said that he pronounced talaq and informed me on phone. But he has no evidence to establish this fact. I am still legally wedded wife and never received any information about the talaq. He is making false claim and want to protect himself from maintenance.
Asked from: Uttar Pradesh
A divorced wife is also entitled to maintenance under Section 125 of the Code of Criminal Procedure. However, in this case, it seems that the husband is falsely claiming to have divorced his wife.
According to Muslim personal law, a husband must pronounce talaq either in front of the wife or in the presence of witnesses. In some cases, the information about talaq can be sent to the wife by post or through a special messenger. But in all cases, the husband must prove that talaq actually took place, as held in Shamim Ara v. State of U.P., (2002) 7 SCC 518.
Talaq can be oral or written. There is no specific form of words required. If the words clearly express divorce (called saheeh), then there is no need to prove intention. If the words are unclear or ambiguous (called kinayat), the intention to divorce must be proven. It is not necessary for the talaq to be pronounced in front of or directly to the wife. However, the words must show a clear intention to end the marriage.
Since your husband has no evidence to prove that he has given talaq. In this circumstances it can be easily said that your husband is making false claim of divorce. Therefore, your marriage is still valid. You are entitled to receive maintenance. The question of whether the marriage still exists cannot be decided under Section 125 of the CrPC. For that, you can file a civil suit in the Family Court to get a declaration about your marital status.
Related advice: Husband concealed his first marriage
