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2023 Supreme(Online)(MAD) 5799

HIGH COURT OF MADRAS
Hon`ble Mr Justice C. SARAVANAN
Mohammed Rafi – Appellant
Versus
The State of Tamil Nadu – Respondent


O R D E R

This Writ Petition has been filed for issuance of a Writ of Certiorari, to call for the records of the second respondent pertaining to the impugned Khula Certificate dated 21.06.2017 and quash the same as illegal.

2. The petitioner was married to the third respondent on

18.08.2013. Out of the wedlock, a male child was born to them on 21.10.2015. It appears that the third respondent left the matrimonial home on 03.09.2016. The third respondent appears to have decided to dissolve the marriage under the Muslim Personal Law (Shariat) by way of “Khula”.

3. Under these circumstances, the third respondent approached the second respondent Shariat Council registered under the provisions of the Tamil Nadu Societies Registration Act, 1975, to declare the dissolution of marriage under the Muslim Personal Law (Shariat) by way of “Khula”. The second respondent Shariat Council has granted Khula Certificate dated 21.06.2017 to the third respondent, against which, the present Writ Petition has been filed by the petitioner.

4. The facts on record indicates that while the proceedings were pending before the second respondent Shariat Council, the petitioner had filed O.S.No.145 of 2017 for “Resti

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