Showkat Hussain vs Unknown
2021 Latest Caselaw 910 j&K/2

                                                                      Sr. No. 2

      HIGH COURT OF JAMMU AND KASHMIR AND LADAKH
                      AT SRINAGAR
                                (through virtual mode)




                                                     CRM(M) 308/2019
Showkat Hussain
                                                                 .....Petitioner (s)

                                Through :- Mr. Showkat Ali Khan Advocate.

                          V/s

                                                                .....Respondent(s)
Nazia Jeelani
                                Through :- Mr. H.U.Salati Advocate.

Coram: HON'BLE MR. JUSTICE SANJEEV KUMAR, JUDGE


                                     ORDER

1 This is a petition filed under Section 482 IPC by the petitioner

seeking to recall the judgment dated 07.11.2019 passed by this Court in

CRM(M) 254/2019 to the extent of relying upon and applying the judgment of

Hon'ble Supreme Court rendered in the case of 'Shayara Bano vs. Union of

India and others, (2017) 9 SCC 1 with regard to the 'triple talaq' pronounced

in the year 2014.

2 The short grievance projected by the petitioner in this petition is

that this Court disposed of CRM(M) 254/2019 vide its judgment dated

07.11.2019 relying primarily on the judgment of Hon'ble Supreme court in the

case of Shayara Bano (supra). It is contended that the said Judgment was

pronounced in the year 2017, whereas in the instant case, the divorce i.e., triple

talaq' was pronounced in the year 2014. It is further contended that the

judgment in the case of Shayara Bano (supra) could not have been applied to

declare the validity of 'triple talaq' pronounced in the year 2014.

3 The argument raised is not tenable for the reason that the

judgment rendered in the case of Shayara Bano (supra), if not made to operate

prospectively specifically is to be treated as retrospective and applicable even

to the pending cases. The Hon'ble Supreme Court, while declaring the 'triple

talaq' as null and void in the eye of law in the case of Shayara Bano (supra) did

not specifically make the judgment to operate prospectively and that being the

position, the law declared by the Hon'ble Supreme Court in Shayara Bano's

case (supra) would apply equally to the 'triple talaq' pronounced prior to

passing of the said judgment. For this reason, no case is made out to recall the

judgment dated 07.11.2019 passed in CRM(M) No. 254/2019.

4 This petition is without merit and is dismissed, accordingly.

(SANJEEV KUMAR) JUDGE Jammu 16.08.2021 Sanjeev

Whether the order is speaking: Yes

Whether the order is reportable: Yes/No