Divorce under Muslim law must comply with established procedures, including notice and reconciliation, rendering any improper Talaqnama invalid.

JUDGMENT :

N. UNNI KRISHNAN NAIR, J.

Heard Mr. M. Islam, learned counsel for the petitioner. Also heard Mr. K. Gogoi, learned CGC appearing for the respondent nos. 1 to 3 and Mr. M. Hussain, learned counsel appearing for the respondent nos. 4 & 5.

2. The petitioner, by way of instituting the present proceeding, has prayed for the following reliefs: -

(i) a writ in the nature of Certiorari directing the respondent authorities to set aside and quash the impugned letter/order dated 22.02.2020 (Annexure-1) as the same is in gross violation of the principles of natural justice and de hors the rights of the petitioner, and/or

(ii) a writ in the nature of Mandamus directing the respondent authorities to declare that the Talak-i-Bian (Affidavit) by which the petitioner was purportedly given Talak by the respondent No. 4 is null and void and has no force in law, and/or

(iii) also a writ in the nature of Mandamus directing the respondent authorities to declare that the second marriage contracted by the petitioner’s husband with the respondent No. 5, Mrs. Surmila Begum is violative of the rule-15 of the CRPF Rules of 1955, and the same is to be declared as null and void, and/or

(iv) further a writ in the nature of Mandamus directing the respondent authorities to incorporate/reinstate the name of the petitioner as nominee/dependent holder of her respondent husband in the list of nominee/dependent holders in the service book of the petitioner’s husband, i.e. the respondent no. 4 by removing the name of the respondent no. 5, Mrs. Sarmila Begum, the second wife of the respondent no. 4 from the list of nominee/dependent holders of the service book of the respondent no. 4.

3. The brief facts requisite for adjudication of the issue, arising in the present proceeding is noticed as under: -

The petitioner’s marriage was solemnized with the respondent no. 4 on 11.10.1998 and the said marriage was duly registered in the office of the Muslim Marriage & Divorces Registrar, Bilasipara, Dhubri, Assam. The respondent no. 4, at the relevant point of time was working as a Head Constable (GD) in the Central Reserve Police Force (in short CRPF). On the solemnization of the marriage of the petitioner with the respondent no. 4, the name of the petitioner came to be recorded as a nominee/dependent of the respondent no. 4 in his service records. The petitioner and the respondent no. 4 were blessed with two female children and the younger one was a minor at the time of filing of the present writ petition. The petitioner, in the writ petition, has contended that since the year 2018 she has been forced to live separately from her husband due to the torture meted out to her by her husband i.e., the respondent no. 4 on account of non-fulfillment of demand for payment of dowry by her husband and his family members. The petitioner, accordingly, had instituted Miscellaneous Case No. 12/2008, invoking the provisions of Section 125 Cr.P.C., before the Court of the learned Sub-Divisional Judicial Magistrate (M), Bilasipara, praying for maintenance for herself and her younger daughter Masuda Begum. The learned Trial Court, vide order dated 26.11.2008, allowed the prayer of the petitioner herein, by directing the respondent no. 4 to provide maintenance at the rat