Manzil Hussain v. The State of Assam and 3 Ors

O R D E R

15.03.2024

¶1Heard Mr. A Mena, learned counsel for the petitioner. Also heard Mr. SRA Naser, learned counsel for the respondent No. 3 in WP(C) 1959/2023, Ms. PP Mahanta, learned counsel for the respondent No. 1 and Ms. S Baruah, learned counsel for the respondent No. 2 in WP(C) 114/2023 and Mr. J Hussain, learned counsel for the respondent No. 4 in both the writ petitions.

¶2WP(C) 1114/2023 was preferred by the petitioner assailing a notice dated

07.03.2023 issued by the respondent No. 3 on the request of respondent No. 4. Page No.# 4/4 The grievance of the petitioner is that at the behest of respondent No. 4, who is the wife of the petitioner, the respondent No. 3 has issued the notice to the petitioner to appear before the respondent No. 3, who is a Kazi for the purpose of 'Khula Talak'. It is the case of the petitioner that the respondent No. 3 is having no sanction and authority under law to issue such a notice.

¶3This court having prima-facie satisfaction stayed such notice by its order dated

01.03.2023. Even after such interim order, yet another notice was issued by the respondent No. 3 asking the petitioner to appear before the respondent No. 3 for the purpose of determination of 'Khula Talak'. Such notice was challenged in WP(C) 1959/2023 and the Cont(C) Case No. 234/2023 was filed against the respondent No. 3.

¶4While the matter is taken up today, the learned counsel for the respondent No. 3 submits that the notices have been withdrawn and cancelled and it is further submitted by the learned counsel for the respondent No. 3 that the respondent No. 3 admits that he will have no jurisdiction to exercise his power to grant a 'Khula Talak' by issuing notice as has been done. Accordingly, it is the case of the respondent No. 3 that the proceeding for 'Khula Talak' has been closed.

¶5The learned counsel for the respondent No. 4 wife also submits that she has also decided to take recourse by filing divorce proceeding before the competent court and not agitating her grievance before the Kazi.

¶6That being the position, nothing survives to be adjudicated in these present writ petitions.

¶7Accordingly, same stands closed.

¶8This closure shall not bar the petitioner to approach once again this court if the respondent No. 3 initiates fresh proceeding of 'Khula Talak'. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010091592023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:ooWP(C)/1114/2023 MANZILoHUSSAIN S/O-oMD.oISSAHARoALI oPERMANENToR/O-oVILL-oKUWARIJAN oP.O.oGANESHoKUWARI oP.S.oSIPAJHAR oDIST.-oDARRANG oPIN-o784145 oASSAM oPRESENTLYoRESIDINGoAToH.NO.o1 oROSEoLANE oNOWAPARAoSATGAON oBAGHARBORIoSATGAONoROAD oP.O.oPANJABARI oP.S.oSATGAON oDIST.-oKAMRUPo(M) oGUWAHATI oASSAM oPIN-o781037 oVERSUS THEoSTATEoOFoASSAMoANDo3oORS. REP.oBYoTHEoPRINCIPALoSECRETARYoTOoTHEoGOVT.oOFoASSAM oDEPTT.oOFoREVENUEoREGISTRATION oDISPUR oGUWAHATI oPIN-o781006 2:THEoREGISTRAR-CUM-DEPUTYoCOMMISSIONER oASSAM o3:THEoMUSLIMoMARRIAGEoANDoDIVORCEoREGISTRAR Page No.# 2/4 ASSAM 4:SAMIMA ABDUR ATIQ D/O- ABDUR RAHMAN C/O- ASSISTANT COMMISSIONER OF TAXES JORHAT UNIT JORHAT ENGINEERING COLLEGE ROAD JORHAT ASSAM- 785001 ------------ Advocate for : MR F KHAN Advocate for : SC REVENUE appearing for THE STATE OF ASSAM AND 3 ORS. Linked Case : WP(C)/1959/2023 MANZIL HUSSAIN S/O- MD. ISSAHAR ALI PERMANENT RESIDENT OF- VILLAGE- KUWARIJAN P.O.- GANESH KUWARI P.S.- SIPAJHAR DIST.- DARRANG PIN- 784145 ASSAM. PRESENTLY RESIDING AT- HOUSE NO.1 ROSE LANE NOWAPARA SATGAON BAGHARBORI SATGAON ROAD P.O.- PANJABARI P.S. SATGAON DIST- KAMRUP(M) ASSAM PIN- 781037. VERSUS Page No.# 3/4 THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF REVENUE REGISTRATION DISPUR GUWAHATI PIN- 781006. 2:THE REGISTRAR-CUM-DEPUTY COMMISSIONER ASSAM 3:THE MUSLIM MARRIAGE AND DIVORCE REGISTRAR ASSAM 4:SAMIMA ABDUR ATIQ D/O ABDUR RAHMAN C/O ASSISTANT COMMISSIONER OF TAXES JORHAT UNIT JORHAT ENGINEERING COLLEGE ROAD JORHAT ASSAM-785001 ------------ Advocate for : MR F KHAN Advocate for : SC REVENUE appearing for THE STATE OF ASSAM AND 3 ORS BEFORE THE HON'BLE MR JUSTICE ARUN DEV CHOUDHURY