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Which judgment discusses the Kerala High Court’s rejection of the claim that a husband’s ‘whimsical and…

In Shamim Ara, the Supreme Court discussed A. Yousuf Rawther’s rejection of the claimed legal validity of capricious divorce. The Court held that a mere assertion of an…

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Which judgment discusses the Kerala High Court’s rejection of the claim that a husband’s ‘whimsical and capricious divorce’ could be legally valid despite being religiously wrong?

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Correct answer C

In Shamim Ara, the Supreme Court discussed A. Yousuf Rawther’s rejection of the claimed legal validity of capricious divorce. The Court held that a mere assertion of an earlier talaq in a written statement did not establish or effect the asserted divorce.

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Option A

Shah Bano addressed maintenance of a divorced Muslim woman. The specified discussion of the Kerala judgment appears in Shamim Ara.

Option B

Bai Tahira addressed maintenance and the effect of a payment made on divorce. Shamim Ara contains the specified discussion of arbitrary talaq.

Option C

Shamim Ara discussed A. Yousuf Rawther and its rejection of the claim about capricious divorce.

Option D

Sarabai is an earlier Bombay High Court judgment on talaq and death-illness. The Kerala judgment discussed in the question came later.

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