Law:

Section: 489

Muhammadan Law---Divorce (Talaq) under Shia Law-Must be oral and pronounced in presence of wife and two witnesses in set form of Arabic words-Talaq communicated in writing-Invalid unless husband incapable of pronouncing it in manner required by law. .   Date of hearing : 2nd November 1964.   JUDGMENT   This is a reference by the Additional Sessions Judge, Karachi (Mr. Mehdi Ali Siddiqui) recommending that the order of Mrs. Suraiya Ahmed Pai, A. C. M. Karachi, dated 27-5-63, canceling the maintenance granted to Syeda Salina Begum, be set aside on the grounds mentioned in the referring order.   The parties to this reference, namely, Syeda Salma Begum and her husband, Syed Abid Hussain Zaidiare Shias who were married according to the Shia Law on 24-12-60. A month or so after the marriage, the wife was turned out by her husband and went to live with her parents. She then filed an application under section 488, Cr. P. C. for maintenance, and the learned Magistrate was pleased to grant her maintenance at the rate of Rs. 50 per month. On 9-4-62, her husband filed a revision against this order in the Court of Sessions, which was dismissed on 30-12-62. Thereafter, on 26-4-63, the husband applied again to the Lady Magistrate under section 489, Cr. P. C. for modification of the order of maintenance on the ground that he had divorced his wife. On 27-5-63, the Lady Magistrate passed an order on this application in these words -   "Mrs. Salma the present opponent in this application under section 489, Cr. P. C. admitted in her statement before this Court that she received the divorce by post. It is now clear that the opponent is no longer liable to maintain her and my previous order is hereby amended remaining in force only in respect of the infant Abida Begum, i.e. Rs. 35 p. m. The order concerning Mst. Salma is hereby cancelled."   (Sd ) Suraiya Ahmad Pai,   A. C. M., Karachi   27-5-63."   It was as against this order, the wife, Mst. Salma Begum filed Revision Application No. 153/63 in theCourt of Sessions at Karachi, which has resulted in the present reference.   In his referring order, the learned A. S. J.…