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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
| Table of Content |
|---|
| 1. the appeal challenges a family court's order regarding khula divorce. (Para 1 , 2) |
| 2. underlying facts include the marriage's dissolution via khula and subsequent contestation. (Para 3 , 4 , 5 , 6) |
| 3. khula and islamic divorce principles clarified, addressing private vs court procedures. (Para 9 , 10 , 11 , 12 , 23 , 24) |
| 4. court concludes on marriage validity and disputes over khula's authoritative issuance. (Para 31 , 32 , 40 , 44) |
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 re
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