The directive was passed by justice P R Tripathy in response to a petition filed by one Kadar Khan, a resident of Dehapada village in Cuttack district. Khan was appealing against an order passed by the Cuttack Family Court which directed him to pay maintenance to his wife and daughter despite his plea that he had divorced his wife. Khan contended that it was a case of khula (divorce initiated by wife) and that she had not been treating him well.

However, he had not mentioned divorce at all -- from either side -- in the written statement filed in the family court. Due to inconsistencies in Khan's arguments, the bench held that he was unable toprove that a divorce had indeed taken place. Khan was also unable to provide any evidence to show that his wife had divorced him, the judge added.

The case began with Khan's wife Jahera Khatun and daughter Kahanama Firodosh filing a petition in the Family Court, Cuttack, alleging ill-treatment at the hands of Khan. Khan's wife also claimed a maintenance of Rs 500 per month. After hearing both sides, the Family Court granted maintenance to the wife and daughter.

However, when the case came up before the High Court, Khan presented a different story. He said that his wife had never been interested in staying with him and that she had left home after giving him khula, on January 3, 1988.

Khan added that he had tried for a reconciliation three times, in the presence of religious leaders of their community. This too did not work and his wife finally left the house, giving him khula. According to Khan's version, a talaqnama was also prepared in the presence of the leaders of the community.