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2019 Supreme(All) 201

SHASHI KANT GUPTA, PRADEEP KUMAR SRIVASTAVA
MOHAMMAD ZIRGHAM ANSARI – Appellant
Versus
SHAMIMA BEGAM – Respondent


Advocates:
Advocate Appeared:
S.M.N. Abbas Abedi, Adv., Praveen Kumar Giri, Adv.

JUDGMENT

Pradeep Kumar Srivastava, J.

This first appeal has been directed against the judgment and order dated 26.5.2015 passed by the Principal Judge, Family Court, Chandauli in Case No. 149 of 2014: Mohammad Zirgham Ansari Vs. Shamima Begum by which, the learned Family Court has dismissed the petition of the appellant/petitioner for declaration of divorce between the parties.

2. The appellant/petitioner filed a petition before the learned court below stating that he was married with Shamima Begum /respondent according to Islamic Rights and Rituals on 03.02.2002. After marriage, Shamima Begum started living with the appellant and thereafter the appellant could know that the respondent is quarrelsome woman and she has no love for her husband. She started quarreling with him and his family members and was always inclined to go to her parental house. Finally, finding that relation cannot be continued with her, the appellant/petitioner divorced her on 29.6.2002 before the witnesses by way of Triple Talaq and talaq was communicated by registered post and the amount of divorce was also sent to her by money-order but she refused to receive the same. In respect of divorce given on 29.6.2002,















































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