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APARESH KUMAR SINGH, ANUBHA RAWAT CHOUDHARY
Mohammad Jawed – Appellant
Versus
Shagufta Tasnim – Respondent


Advocates:
Counsel for the Parties:
For the Appellant:Mr. Ashutosh Anand, Advocate
For the Respondent:Mr. Anil Kumar Sinha, Advocate

JUDGMENT

Heard learned counsel for the appellant Mr. Ashutosh Anand and Mr. Anil Kumar Sinha representing the respondent.

2. Appellant is the husband whose suit for dissolution of marriage with the respondent wife under relevant provisions of the Mohammedan Law has been dismissed by the judgment dated 27.01.2021 passed in Original Suit No. 510 of 2020 by the court of learned Principal Judge, Family Court, Ranchi. The learned Family Court, Ranchi after consideration of the provisions of Mohammedan Laws governing the case of the parties came to a conclusion that the suit for divorce filed on the part of the husband is not maintainable. It also took note of decision of the Division Bench of this Court dated 18.06.2018 passed in F.A. No. 187 of 2016 (Md. Yusuf Vrs. Nasreen Begum) in which one of us (Aparesh Kumar Singh, J.) was the member.

3. Learned counsel for the appellant has not been able to dislodge the findings rendered by the learned Family Court on the specific grounds that none of the provisions under the Mohammedan Law permits the husband to obtain a decree of divorce through a judicial declaration, though other forms of divorce are available to the husband to be exercised a

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