PRAYAGRAJ, April 2 -- The Allahabad high court has clarified that under Mohammedan Law, a talaq takes effect the moment a husband pronounces it, and a subsequent court decree affirming it is merely declaratory in nature. The observation came as the high court allowed a wife's petition for maintenance against her second husband, overturning a family court decision that had rejected her claim.

Justice Madan Pal Singh observed that while a court decree on talaq is important for legal recognition, it is "ordinarily declaratory in nature, which merely recognises or confirms the status of divorce that had already taken place." The decree does not create a fresh divorce from the judgment date but relates back to when the talaq was originally pr...