The Kerala High Court ruled on Wednesday that mere pronouncement of 'talaq' three times, even in the presence of one's wife, was not sufficient to effect a divorce under the Muslim law.
There should be an attempt at mediation by two mediators on both the sides and, only if it ended in failure, was the husband entitled to pronounce 'talaq' to divorce his wife, a bench comprising Justice R Bhaskaran and Justice K P Balachandran said.
The judgement was delivered in a case wherein Ummer Farooq of Malappuram challenged the direction of a family court to pay maintenance to his estranged wife.
The petitioner claimed that there was a valid ground for divorce and that he was not liable to pay maintenance. However, the court did not approve of the argument.