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2025 Supreme(Online)(Tel) 14005

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
MOUSHUMI BHATTACHARYA, B.R. MADHUSUDHAN RAO, JJ
Mohammed Arif Ali – Appellant
Versus
Smt. Afsarunnisa – Respondent


Advocates:
For the Appellants/Petitioners: Mr. J. Prabhakar, Mr. Mohd. Shafiuddin
For the Respondents: Mr. Mubashir Hussain Ansari, Mr. Imtiaz Gulam Mahboob Faiz MD

JUDGMENT:

(Per Hon’ble. Justice Moushumi Bhattacharya)

1. The Family Court Appeal arises out of an order dated 06.02.2024 passed by the learned Family Court, Hyderabad, in a petition filed by the appellant for a declaration that the judgment passed by the respondent No.2/Sada-E-Haq Sharai Council by which the marriage between the appellant (husband) and the respondent No.1 (wife) was dissolved, should be declared as null, void and not binding on the appellant.

2. By the impugned order, the Trial Court dismissed the Original Petition (O.P.No.1009 of 2020) filed by the appellant on the ground that the respondent No.2 had followed due procedure in issuing a Divorce Certificate to the respondent No.1/wife. The Trial Court also found that the respondent No.1 had obtained ‘Khula’ divorce from the appellant by following the procedure laid down by the Courts.

The Facts leading to filing of the Original Petition by the Appellant

3. The appellant and the respondent No.1 were married on 01.06.2012 with a dower of Rs.11,000/-. The respondent No.1 stayed in the marital home for about five years. The respondent No.1, however, made several complaints against the appellant alleging assault and other ac

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