Delhi High Court - Orders
Shahzad vs State & Anr on 14 December, 2022
Author: Anup Jairam Bhambhani
Bench: Anup Jairam Bhambhani
$~5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 1925/2022
SHAHZAD ..... Petitioner
Through: Counsel (appearance not given) with
petitioner in-person.
versus
STATE & ANR. ..... Respondents
Through: Mr. Anand V. Khatri, ASC (Crl.) for
the State.
Mr. Shoaib Haider, APP for the State.
CORAM:
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
ORDER
% 14.12.2022 Amended memo of parties as directed vide order dated 26.08.2022 has been filed.
The present petition seeking quashing of FIR No. 393/2019 dated 30.11.2019 registered under sections 498A/406/34 of the Indian Penal Code, 1860 at P.S.: Shakarpur is premised inter-alia on a Talaqnama dated 24.07.2021 recorded under the aegis of the Daru-ul-Qaza of the Islamic Research & Welfare Foundation. Learned counsel for the petitioner submits that the talaqnama has been made in exercise of a Muslim woman's right to seek divorce by way of 'khula'.
Upon being queried, counsel submits that 'khula' is not covered by the Muslim Women (Protection of Rights on Marriage) Act, 2019 and is a valid procedure for a Muslim woman to obtain divorce under Muslim Personal Law.
Signature Not Verified Digitally Signed By:NEERAJ Signing Date:20.12.2022 W.P.(CRL) 1925/2022 Page 1 of 2 15:59:19For learned counsel for the petitioner to address on how the talaqnama evidences divorce by the Muslim woman by way of 'khula'; and to cite judicial precedents or authoritative text on Muslim law to make good his submission as to validity of 'khula' under law, re-notify on 23rd January 2023.
ANUP JAIRAM BHAMBHANI, J DECEMBER 14, 2022/ds Signature Not Verified Digitally Signed By:NEERAJ Signing Date:20.12.2022 W.P.(CRL) 1925/2022 Page 2 of 2 15:59:19