Calcutta High Court (Appellete Side)
Tahira Rabab vs Arafat Hossain on 20 September, 2017
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
1 6 20.9.17 C.O. 3124 of 2017 akb Tahira Rabab
-Versus-
Arafat Hossain Mr. Jayanta Mitra Ms. Rita Ganguly ... For the Petitioner Mr. S.S. Imam Mr. Z.N. Khan Mr. Shaika Khan Mr. Mohammed Amin Mr. Tanvir Alam ...For the Opposite Party The only grievance of the petitioner is that notwithstanding petitioner's challenge to the maintainability of the matrimonial proceedings instituted apparently under Section 281 of Mohammedan Law, the court has required the personal presence of the petitioner.
That there is a matrimonial dispute; to that there can be no dispute. The proceedings may or may not be maintainable; that will be for the judge to decide. But if the court requires the presence of one or both the parties in a matrimonial matter, such direction cannot be seen to be ex facie perverse for this extraordinary jurisdiction to be invoked or any interference by this court.
It is possible that if the matter was before this court, this court may not have sought the presence of the parties, but that is not the guiding factor. If the direction or the order does not appear to be perverse or outlandish, this court in exercise of its extraordinary authority under Article 227 of the Constitution of India should not interdict the same.
Accordingly, C.O. 3124 of 2017 is disposed of without interfering with the directions contained in the order impugned, but by requesting the trial court to fix a further date for the appearance of the petitioner before the trial court, preferably after October 23, 2017.
There will be no order as to costs.
2Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.
( Sanjib Banerjee, J.)