Mohd. Safdar Mansoori vs State Of Chhattisgarh
2021 Latest Caselaw 984 Chatt

           HIGH COURT OF CHHATTISGARH, BILASPUR
                                Order Sheet
                           CRMP No. 2619 of 2018
      Mohd. Akhtar Mansoori Versus State Of Chhattisgarh And Others

                    CRMP/2626/2018,CRMP/2639/2018,




8-7-2021         Mr. Surfraj Khan, counsel for the petitioner.
                 Mrs. M. Asha, Panel Lawyer for respondents No. 1

and 2/State.

Mr. Faisal Akhtar, counsel for respondent No.3. Learned counsel for the petitioner would submit that respondent No.3 filed FIR against the petitioner on 3-7- 2017 after divorce to her by her husband, therefore, she cannot be termed as wife and her complaint filed under Section 498-A of IPC is not maintainable.

On the contrary, learned counsel for respondent No.3 would submit that respondent No.3/complainant in FIR has clearly mentioned that there was torture and mental agony given to her by the petitioner and his family members from 6-11-2016 to 3-7-2017. She has also mentioned the fact in the FIR that from the very beginning of her matrimonial status the petitioner and his family members are torturing her and conciliation proceedings also failed, therefore, there was no option, but to lodge FIR. In FIR she further stated that the petitioner has sent divorce to her Whatsapp on 3-7-20217.

Learned counsel for the petitioner is directed to satisfy the court whether under Muslim Act, divorce can be completed or not, if Meher is not given. Learned counsel for the petitioner and respondent No.3 are directed to bring the Act on Muslim Women (Protection of Rights on Marriage) Act, 2019 along with earlier ordinance issued by the Central Government in this regard and also what are the effects of the ordinance whether the ordinance were made effective when the divorce took place and what will be the effect of the judgment of Hon'ble Supreme Court in the matter of Shayara Bhano vs. Union of India and others, reported in 2017 SCC 9 page No.1.

List all the cases on 14-7-2021.

Interim relief granted earlier shall continue till the next date of hearing.

Sd/-

(Narendra Kumar Vyas) Judge Raju