Anupama E.H vs State Of Kerala
2021 Latest Caselaw 22987 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                   THE HONOURABLE MR.JUSTICE N.NAGARESH
    TUESDAY, THE 23RD DAY OF NOVEMBER 2021 / 2ND AGRAHAYANA, 1943
                         WP(C) NO. 26323 OF 2021
PETITIONER:

              ANUPAMA E.H.,
              AGED 45 YEARS
              D/O.LATE ELAYIDATH HASSAN, WORKING AS HSST ENGLISH,
              GHSS PARAMBIL, KOZHIKODE, PIN-673 012, RESIDING AT SILVER
              MARINA APARTMENTS, D-607, MARYKUNNU P.O.,
              KOZHIKODE-673 012.
              BY ADV SHANKAR V.


RESPONDENTS:

     1        STATE OF KERALA,
              REPRESENTED BY CHIEF SECRETARY, SECRETARIAT,
              THIRUVANANTHAPURAM-695 001.
     2        THE DIRECTOR OF GENERAL EDUCATION,
              HOUSING BOARD BUILDING, JAGATHI,
              THIRUVANANTHAPURAM-695 014.



              SMT.PRINCY XAVIER SR.G.P


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 26323 OF 2021            2




                           JUDGMENT

Dated this the 23rd day of November, 2021

The writ petitioner is a divorcee. She is before this Court

seeking to declare that Ext.P1 Certificate of Divorce issued by

Manathala Jumu-Ath Committee is sufficient evidence of the

divorce of the petitioner in accordance with Muslim Shariath

Law. The petitioner is also seeking a direction to the

respondents to treat Ext.P1 Certificate of Divorce as a valid

divorce for all purposes including general transfer, entry in

service book and for registration of marriage under the Special

Marriage Act, 1954.

2. The petitioner is working as HSST in English in GHSS

Parambil, Kozhikode. The petitioner's husband divorced the

petitioner by pronouncing Talaq and by a divorce letter dated

30.11.2012 in the presence of witnesses, in accordance with the

Muslim Shariath Law. The petitioner obtained a copy of the

Divorce Certificate issued by the Manathala Jumu-Ath

Committee. The respondents are not accepting the certificate

issued by the Jumu-Ath Committee for various service related

issues. It is in such circumstances that the petitioner has

approached this Court to declare that Ext.P1 Certificate of

Divorce issued by the Manathala Jumu-Ath Committee is

sufficient evidence of the divorce of the petitioner in accordance

with law.

3. I have heard the learned counsel for the petitioner

and the learned Government Pleader representing the

respondents.

4. It is submitted at the bar that the issue is covered by

judgments of this Court in Exts.P3 to P5. The afore judgments

would indicate that the divorce resultant upon a Talaq

pronounced by a husband is a mode of divorce that is accepted

in the Muslim Community. An affirmation of the state of affairs by

a sworn affidavit in the form Annexure A would suffice the

requirements.

In view of the law laid down by this Court in Exts. P3 to P5,

the writ petition is disposed of directing the respondents to treat

Ext.P1 Certificate of Divorce supported by a sworn affidavit of

the petitioner, as a valid divorce for all purposes including

general transfer, entry in service book and for registration of

marriage under the Special Marriage Act, 1954.

Sd/-

N.NAGARESH JUDGE hmh

APPENDIX OF WP(C) 26323/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE DIVORCE CERTIFICATE NO.MJC/94/13 DATED 31.05.2013.

Exhibit P2 TRUE COPY OF THE LETTER DATED 31.05.2013 ISSUED BY THE MANATHALA JUMU ATH COMMITTEE EVIDENCING THE DIVORCE OF THE PETITIONER.

Exhibit P3 TRUE COPY OF THE JUDGMENT OF THE HON'BLE HIGH COURT REPORTED IN 2009 ICO 2822 DATED 19.06.2009 IN WPC NO.16700/2009. Exhibit P4 TRUE COPY OF THE JUDGMENT OF THE HON'BLE HIGH COURT IN WPC NO.15734/2015 DATED 06.08.2015.

Exhibit P5 TRUE COPY OF THE JUDGMENT OF THE HON'BLE HIGH COURT IN WPC NO.8862/2018 DATED 19.03.2018.

RESPONDENT    EXHIBITS    NIL