Md. Saalim Jafar vs Sahnaj Begum @ Sahnaj Khatoon
2022 Latest Caselaw 3848 Jhar

    IN THE HIGH COURT OF JHARKHAND AT RANCHI
                        (Civil Appellate Jurisdiction)

                              FA No. 360 of 2017

Md. Saalim Jafar                                     .....    ....     Appellant
                                     Versus
Sahnaj Begum @ Sahnaj Khatoon                        ....   ....    Respondent
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CORAM : HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR HON'BLE MR. JUSTICE RATNAKER BHENGRA

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For the Appellant : Mr. Manoj Kr. Sah, Advocate For the Respondent : Mr. Pankaj Kumar Choudhary, Advocate

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st Order No.17/Dated: 21 September 2022 This First Appeal has been filed against the judgment dated 8th May 2017 passed in Original Matrimonial Marriage Case No. 44 of 2012.

By an order dated 16th April 2019, First Appeal No. 360 of 2017 has been admitted for hearing.

By an order dated 20th February 2020, the parties were directed to participate in the mediation exercise before JHALSA for which the appellant was directed to pay Rs. 1500/- to the respondent for her travelling and other incidental costs.

The order dated 1st July 2020 records that the mediation exercise before JHALSA did not succeed and, accordingly, lower Court records were called for.

Mr. Manoj Kumar Sah, the learned counsel for the appellant, contends that the judgment passed in Original Matrimonial Marriage Case No. 44 of 2012 is a nullity because the Principal Judge, Family Court, Godda had no subject jurisdiction to entertain the matrimonial case filed by a Muslim woman.

The learned counsel for the appellant further elaborates this point with reference to section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986, contending that an application filed under section 3 of 1986 Act would lie before a Magistrate and not before the Family Court.

To lay support to his submission, Mr. Manoj Kumar Sah, the learned counsel for the appellant has placed reliance in "Amjum Hasan Siddiqui v. Smt. Salma B." AIR 1992 Allahabad 322; "Rana Nahid @

-2- FA No. 360 of 2017

Reshma @ Sana & Anr. v. Sahidul Haq Chisti" Criminal Appeal No. 192 of 2011 passed by the Hon'ble Supreme Court.

Mr. Pankaj Kumar Choudhary, the learned counsel for the respondent is not ready on this point.

Reserving a right with the appellant to engage a counsel of his choice, Ms. Amrita Sinha, the learned counsel is appointed as Amicus to represent the appellant.

Registry shall provide a complete set of paper book along with all the necessary documents to the learned Amicus.

Let name of Ms. Amrita Sinha, the learned Amicus appear in the cause list.

The learned Amicus shall be paid Rs. 5,500/- for each date of hearing. The fee for the learned Amicus shall be paid by the Department of Home, Government of Jharkhand.

Post this matter on 18th October 2022.

Let a copy of this order be given to Ms. Amrita Sinha, the learned Amicus.

                                                 (Shree Chandrashekhar, J.)


Sharda/Nibha                                       (Ratnaker Bhengra, J.)