SHAMIM ARA vs STATE OF U.P. — Crl.A. No. 465/1996

Summary of Shamim Ara v. State of U.P. (Crl.A. No. 465/1996) The Supreme Court held that the husband's mere assertion of divorce in his written statement to the court, without formal pronouncement, evidence, or prior communication to the wife, cannot constitute valid talaq under Muslim law. The Court rejected the doctrine that a divorce plea in pleadings becomes effective upon service of the written statement, emphasizing that talaq must be actually pronounced and the husband must prove it, particularly with reasons for divorce and prior reconciliation attempts. Consequently, the marriage remained valid, and the husband remained liable for maintenance. This case analysis is maintained by casestatus.in based on publicly available court records.