How is written talaq effective?

Question: How is written talaq effective? [DJS 2015]

Find the question and answer of Muslim Law only on Legal Bites. [How is written talaq effective?]

Answer

A talaqnama may only be the record of the fact of an oral talaq, or it may be the deed by which the divorce is effected. The deed may be executed in the presence of the kazi or of the wife's father or other witnesses. The deed is said to be in the customary form if it is properly superscribed and addressed to show the name of the writer and the person addressed. If it is not so superscribed and addressed it is said to be in unusual form. If it is in customary form it is called "manifest" provided that it can be easily read and comprehended. If the deed is in customary form and manifest the intention to divorce is presumed. Otherwise, the intention to divorce must be proved.

In the case of Sarabai v. Rabiabai, 30 Bom. 537, talaqnamas were held to be customary and manifest and so operative without proof of intention. On the other hand, in Rasul Baklish v. Mt. Bholan, (1932) 13 Lah. 780, it was held that if the deed is in the form of a declaration not addressed to the wife or any other person, it is not in customary form and is not effective if there was no intention to divorce.

If the talaqnama is customary and manifest it takes effect immediately even though it has not been brought to the knowledge of the wife. In a Bombay case Rajasaheb, In re (1920) 44 Bom the talaqnama was communicated to the wife within a reasonable time and the Court observed that this was sufficient. This, however, was not a finding that communication within a reasonable time is necessary and the talaqnama operated from the date of execution. But as in the case of oral talaq, communication may be necessary for certain purposes connected with dower, maintenance and her right to pledge her husband's credit for means of subsistence.