JUDGMENT P.S.Dinesh Kumar, J. - This appeal by the plaintiff-husband is directed against the judgment and decree dated 24.08.2018 in O.S.No.60/2016 on the file of learned Judge, Family Court, Belagavi, dismissing his suit for declaration of divorce/talaaq between the parties as per Talaaqnama and the marriage certificate issued by the Marriage Registrar on 29.12.2015 as null and void. 2. Heard Shri Ananth Mandagi, learned Senior Advocate for the appellant and Shri Nitin Bolabandi, learned advocate for the respondent. 3. For the sake of convenience, parties shall be referred as per their ranking before the trial Court. 4. Brief facts of the case are, plaintiff and defendant were married on 14.12.2015 as per Islamic rites and customs. Plaintiff left for USA on 06.01.2016. Defendant was staying in the matrimonial home. It is plaintiff's case that after few days, defendant left for her parents' house without informing plaintiff or his parents. She wrote letters as per Exhibit 4 series conveying her intention to move to Solapur permanently as she was not interested in staying at Belagavi or in Boston, USA, as it was not possible for her to live without her parents. The letters also conveyed that she was highly disturbed in plaintiff's house in Belagavi. She called upon the plaintiff to return from USA and settle down in Solapur and if that was not possible, there was no other option but to obtain divorce. Defendant also alleged that plaintiff was impotent. 5. It is the further case of plaintiff that plaintiff and his parents were worried about defendant's safety as defendant had left alone without informing. Plaintiff 's parents and members of the community made efforts to settle the matter amicably but defendant did not respond. Having no other option, plaintiff pronounced Talaaq in front of two male witnesses on 11.08.2016 and sent the Talaaqnama to the defendant along with the 'meher' and 'three months' iddat period maintenance amount. Defendant did not accept the postal cover and it was returned with an endorsement 'refused'. Plaintiff also sent an e-mail and the same was received by her. She has replied refusing to accept the Talaaq. 6. With these averments, plaintiff filed the instant suit seeking declaration of Talaaq between the parties as per Talaaqnama and a further declaration that Marriage Certificate issued by the Marriage Registrar on 29.12.2015 is null and void. 7. Plaintiff also sent an e-mail and the same was received by her. She has replied refusing to accept the Talaaq. 6. With these averments, plaintiff filed the instant suit seeking declaration of Talaaq between the parties as per Talaaqnama and a further declaration that Marriage Certificate issued by the Marriage Registrar on 29.12.2015 is null and void. 7. Suit was resisted by filing written statement denying plaint averments. Further, it was pleaded by the defendant that her parents had spent Rs.12 lakhs for the marriage which included gold ornaments. In the matrimonial home, she was confined in one room. She was forced to live with scarf over her head and full dress with full sleeves. She was not provided proper food and not treated well. Plaintiff was married earlier and left his previous wife. Defendant was always ready and willing to lead married life with the plaintiff but plaintiff has been avoiding. With these pleadings, defendant sought for dismissal of the suit. 8. Based on the pleadings, learned Family Court Judge has framed following issues: i ) Whether the plaintiff proves that on 11.08.2016 he has pronounced Talaaq to the defendant as per Muslim Law? ii) Whether the plaintiffis entitled for suit reliefs? iii ) What order or decree? 9. On behalf of plaintiff, PWs-1 and 2 have been examined and Exs.P.1 to P.31 marked. On behalf of defendant, she got herself examined as DW-1 and Exs.D.1 to D3 marked. 10. Answering issues No.1 and 2 in the negative, suit has been dismissed. Hence, this appeal. 11. Shri Ananth Mandagi, learned Senior Advocate submitted that plaintiff who works as an Engineer was required to join his duty in Boston. Defendant left her matrimonial home without informing anyone. She has written letters and sent various messages levelling serious allegations against plaintiff and his family members. She has also alleged that plaintiffis impotent. Therefore, having no other option, plaintif f has pronounced 'Talaaq-e-ahsan' on 11.08.2016 as per Ex.P.27(A). Learned Family Court Judge has recorded that plaintiff has pronounced Talaaq only once and therefore, there is no clarity about the procedure followed while giving Talaaq and accordingly, dismissed the suit. The reasons recorded by the learned Family Court Judge are unsustainable in law and accordingly, he prayed for allowing this appeal. 12. Shri Nitin Bolabandi, for defendant argued in support of the impugned judgment and prayed for dismissal of the appeal. The reasons recorded by the learned Family Court Judge are unsustainable in law and accordingly, he prayed for allowing this appeal. 12. Shri Nitin Bolabandi, for defendant argued in support of the impugned judgment and prayed for dismissal of the appeal. In his arguments, he has urged following contentions: Talaaq is illegal because following conditions have not been followed; ? talaaq is given without any reasonable cause; ? talaaq cannot be made secretly but plaintiff has pronounced talaaq in USA in a 'ret manner; ? no time is given for reconciliation and ? talaaq has been pronounced without ascertaining the purity period of the defendant; plaintiff 's father has sent the Talaaqnama from Belagavi on 19.08.2016, whereas General Power of Attorney has been executed on 22.08.2016 and therefore, there is no proper communication by an authorized person; and plaintiff who is the husband has not communicated the Talaaq. 13. We have carefully considered rival contentions and perused the records. 14. The following points arise for consideration of this Court: i ) Whether Talaaq-e-ahsan is a proper mode of Talaaq? ii) Whether plaintif f has reasonable cause? iii ) Whether any attempts were made to resolve the dispute/marital discord? iv) Whether knowledge of 'tuhr' period is necessary in this case? Re: Whether Talaaq-e-ahsan is a proper mode of Talaaq ? 15. Undisputed facts of the case of are, Nikaah was performed on 14.12.2015 and marriage has been registered on 29.12.2015. Plaintiff has pronounced his Talaaq on 11.08.2016. 16. Ex.P.27(A) is the Talaaqnama. It is titled as 'Talaaq-e-ahsan'. 17. The Talaaqnama was sent by registered post. The original postal cover is marked as Ex.P.27. The postal endorsement made on the cover reads as 'refused'. It was argued by Shri Mandagi that plaintiff has communicated the Talaaq through an e-mail also on 23.08.2016 as per Ex.P.6 and the same has been replied. The email and the reply read as follows: e-mail sent by plaintiff "On Tue, Aug 23, 2016 at 11.10 PM, ZAHEER KHOJA: wrote: To Gousia Banu D/o Abdul Quayyum Harkare I am emailing you to inform you that I have given Talaaq to you on 11th August 2016 as per the Islamic Shariah Law infront of two witnesses. Attached with this email is a scanned copy of the Talaaqnama and the scanned copy of drafts for MAHR and 3 months IDDAT period amount. Attached with this email is a scanned copy of the Talaaqnama and the scanned copy of drafts for MAHR and 3 months IDDAT period amount. The original copy of the Talaaqnama and original drafts have been dispatched to your address in Solapur on 19th August 2016 by registered post. Zaheer M Khoja" Reply by defendant " On Fri, Aug 26, 2016 at 11.32 AM, gousia harkare wrote: I Gousia Bano Abdul Quayyum Harkare as per your description for the reason of talaq is not ready to accept this divorce, in any condition you and ur parents had troubled me a lot. But you cannot take any decision like this. send me all those copies of letters until I will not give divorce. As you and your parents have cheated to us and you are forcing me for divorce and if marriage is just a timepass for u so that u will break relation within 15 days then why did you do marriage with me. I will not accept your divorce in any condition and those letters your parents have forced me to write I had not written by myself. You and Your parents have troubled me a lot, you had destroyed my life, yourself u told me that you are sexually weak and later I tried to tell you that your mother was doing with me, you didnt listen to me. You all are putting wrong blames on me." 18. The forms of divorce recognized in Islamic Law have been considered by the Hon'ble Supreme Court ofindia in SHAYARA BANO VS. UNION Of INDIA AND OTHERS, (2017) 9 SCC 1 . In paragraph 39, it is held that Talaaq-e-ahsan form is 'most approved' form because the husband behaves in a gentlemanly manner. 19. Further, in paragraph 103 of Shayara Bano , it is held as follows: " 103 . Indeed, in Shamim Ara v. State of U.P., (2002) 7 SCC 518 this Court after referring to a number of authorities including certain recent High Court judgments held as under: "13. ...The correct law of talaq as ordained by the Holy Quran is that talaq must be for a reasonable cause and be preceded by attempts at reconciliation between the husband and the wife by two arbiters - one from the wife's family and the other from the husband's; if the attempts fail, talaq may be effected (para 13). ...The correct law of talaq as ordained by the Holy Quran is that talaq must be for a reasonable cause and be preceded by attempts at reconciliation between the husband and the wife by two arbiters - one from the wife's family and the other from the husband's; if the attempts fail, talaq may be effected (para 13). In Rukia Khatun case, the Division Bench stated that the correct law of talaq, as ordained by the Holy Quran, is: (i) that 'talaq' must be for a reasonable cause and (ii) that it must be preceded by an attempt of reconciliation between the husband and the wife by two arbiters, one chosen by the wife from her family and the other by the husband from his. If their attempts fail, 'talaq' may be effected. The Division Bench expressly recorded its dissent from the Calcutta and Bombay views which, in their opinion, did not lay down the correct law. 14. We are in respectful agreement with the above said observations made by the learned Judges of High Courts ." 20. Thus, Talaaq must be for a reasonable cause and preceded by attempts of reconciliation between the husband and wife and two arbitrators. Accordingly, we hold this point in the affirmative. Re:Whether plaintiff has reasonable cause: 21. It is plaintiff's case that defendant has left plaintiff's house without informing anybody and written letters leveling allegations. Shri Mandagi, adverted to Ex.P.4, a letter written by defendant and pointed out that defendant has alleged that plaintiffis not able to sexually satisfy her. Further adverting to Ex.P.13 and Ex.P.14, whats app. messages, he pointed out that defendant has pointedly and expressly suggested that plaintiffis impotent. He referred to messages sent in Hindilanguage but in English script and duly translated into English. 22. He further adverted to some derogative messages sent by defendant to plaintiff 's mother. We do not find it appropriate to reproduce them in our judgment keeping in view the tenor of the language used in the messages. But, suffice to record that defendant has made serious allegation with regard to plaintiff's impotency and derogatory remarks against plaintiff 's mother. 23. On careful perusal, we are of the view that the derogatory messages on record are sufficient to cause great mental agony. Therefore, we hold that plaintiff had reasonable cause to divorce defendant and accordingly, we answer this point in the affirmative. 23. On careful perusal, we are of the view that the derogatory messages on record are sufficient to cause great mental agony. Therefore, we hold that plaintiff had reasonable cause to divorce defendant and accordingly, we answer this point in the affirmative. Re:Whether any attempts were made to resolve the dispute/marital discord: 24. Defendant has admitted in her crossexamination that on 26.03.2016, plaintiff's parents and other elders had gone to her house. She has stated that on the day, there were no talks and denied that they had again come on 21.05.2016. We may also record that defendant's brother in his messages sent to the plaintiffin February, 2016, has admitted that all mistakes were that of his sister, namely, the defendant. Defendant has been cross-examined with regard to the messages sent by her brother. She has stated that she does not remember that her brother had sent messages admitting that mistake was on the part of defendant. Thus, the defendant's admission in the cross-examination that plaintiff's parents had gone to defendant's house read with the communications sent by defendant's brother clearly show that attempts were made to reconcile the dispute. Hence, we answer this point also in the affirmative. Re:Whether knowledge of 'tuhr' period was necessary in this case? 25. It was argued by Shri Nitin Bolabandi that the talaaq has to be pronounced during 'tuhr' period and the defendant has communicated to the plaintiff that she was menstruating when plaintiff had pronounced talaaq. In support of this contention, he sought to rely upon an e-mail dated 24.01.2017. Shri Mandagi, replied that this is clearly an afterthought because the e-mailis sent four months after talaaq. Further, placing reliance on paragraph No.39 in SHAYARA BANO , he submitted that where the parties have been away from each other for long time, or where the wife is old and beyond the age of menstruation, the condition of 'tuhr' is unnecessary. It is not in dispute that plaintiff has left for USA on 06.01.2016 and returned sometime in 2018. Talaaq has been given in USA on 11.08.2016. Therefore, we hold that the condition of tuhr was unnecessary and accordingly, answer this point. 26. In view of our findings on the four points raised for consideration, the finding recorded by the Family Court on issues no.1 and 2 are unsustainable. 27. Talaaq has been given in USA on 11.08.2016. Therefore, we hold that the condition of tuhr was unnecessary and accordingly, answer this point. 26. In view of our findings on the four points raised for consideration, the finding recorded by the Family Court on issues no.1 and 2 are unsustainable. 27. In the light of above discussion, we pass the following: ORDER i ) Appealis allowed, ii) Judgment and decree dated 24.08.2018 passed by the Judge Family Court, Belgavi in O.S.No.60/2016 is set aside and suit is decreed, iii ) Registry shall draw the decree accordingly. iv) No costs.