Toufique Alam vs Shahida Khatoon

Appellant’s prayer for confirmation of ‘Talaqe-biddat’ by pronouncement of three consecutive words ‘Talaq-Talaq-Talaq’ against his wife through Original Suit No. 175/2014 before the learned Principal Judge, Family Court, Hazaribag was dismissed by the impugned judgment dated 12.09.2018 and decree dated 19.09.2018. That is why, he has approached this Court in appeal.

As is usual practice, in conformity with the letter and spirit of the Family Courts’ Act, 1984, this Court made endeavours for an amicable settlement of their matrimonial dispute by referring the parties for mediation vide order dated 04.11.2019 at Jharkhand State Legal Services Authority (JHALSA). Since appellant is working in B.S.F at forward location in Jammu & Kashmir, date for his appearance before the learned Mediator, JHALSA was fixed after taking his concurrence as he had to proceed on leave. Mediation failed. When the matter was taken up on the report of learned Mediator dated 26.11.2019, Respondent who was present in the Court expressed her willingness to go to her matrimonial home without any conditions. However, learned counsel for the appellant conveyed the inability of the appellant to accept her because of some apprehension. The apprehension appeared to be imaginary. This Court therefore adjourned the matter for two months giving them sufficient time to ruminate and come back with an offer to settle their matrimonial dispute through an amicable means. Since the appellant could not appear on the next date i.e. 10.02.2020 and the adjourned date 17.02.2020, matter was fixed for yesterday. Parties appeared, but deadlock continues. This Court requested the learned counsel Dr. H. Waris, who himself is a trained mediator, to make informal efforts for their reunion with the hope that some positive outcome would emerge from this exercise. However, learned counsel Dr. Waris informs this Court today that the appellant is unwilling to take her back. Both the parties are present today also. Efforts of learned counsel for both the parties are also appreciated in persuading the parties to reunite, but have proved in vain, till now.

Status of marriage between the parties continues to remain intact, in view of dismissal of the Original Suit No. 175/2014 by the learned Family Court, Hazaribag. Respondent has expressed her willingness to join matrimonial home and stay with the husband / appellant even at the place of his posting along with the child. Though, we do not intend to give further details of the posting of the appellant as it is a sensitive issue concerning the security of the State, but we gathered that the appellant’s Unit is stationed somewhere in Jammu & Kashmir. Appellant has given address of his Battalion as under:

“Sr. Tarun Kumar Gautam, Commandant, 23rd Battalion, Border Security Force, C/o 56 Army Post Office (APO)

Service identity of the appellant is as follows:

“ Md. Toufique Alam, No. 02002702, C coy 23rd Battalion, Border Security Force, C/o 56 A.P.O, Cell No. 9835726076

In those circumstances obtaining in the facts of this case, we would like to know from the Director General, Border Security Force and the Commandant, 23rd Battalion, B.S.F., whether arrangement can be made for accommodation of the wife of the appellant / Respondent herein along with her minor son Md. Abul Hassan at the station where Battalion is located or at any other location where ordinarily, families of such B.S.F personnel are stationed in case of posting of personnel at forward locations.

We are informed that the appellant has been making payment of maintenance @Rs. 4,000/- per month to the wife and Rs. 2,000/- per month in favour of the minor son, as per orders of learned Family Court passed in maintenance case. Respondent has filed an application under section 127 of Cr.P.C before the learned Family Court, Hazaribag being Misc. Case No. 2/2019 for enhancement of maintenance amount. Appellant / husband has not entered appearance as yet in that case, as informed, despite steps taken for service of notice. Appellant undertakes to enter appearance in that case within a week through vakalatnama. As informed by the appellant, his gross salary is in the range of Rs. 40,000-45,000/- per month.

We therefore, deem it proper to request the Director General, Border Security Force and Commandant, 23rd Battalion, Border Security Force to provide the following information:

i. The Director General, B.S.F. and Commandant, 23rd Battalion, B.S.F would intimate to this Court, whether such an arrangement for accommodation can be made for the wife and minor son of the appellant and with condition, if any, as per rules.

ii. The gross salary of the appellant at this point of time and take home salary that he withdraws after permissible deductions.

Let such response be intimated to this Court through the learned Registrar General within a period of two weeks from the date of receipt of communication.

Matter be listed on 26.03.2020. The report, if any, of Director General, B.S.F / Commandant, 23rd Battalion, B.S.F should be on record by that date.

Presence of the parties is dispensed with. Appellant would bear the travelling and incidental cost @Rs. 1,000/- of the Respondent / wife on four dates she appeared i.e. 10.02.2020, 17.02.2020, 03.03.2020 and today.

The order be communicated to the Director General, B.S.F at its Headquarters in New Delhi and Sh. Tarun Kumar Gautam, Commandant, 23rd Battalion, Border Security Force at the given address, if possible, through mail / Fax apart from usual course / speed post.