Alifiya Haidry vs Hussain Lohawala
2022 Latest Caselaw 1612 MP

                            1                             F.A.No.865/2021


    IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
                                   BEFORE
                 HON'BLE SHRI JUSTICE VIVEK RUSIA
                                      &
          HON'BLE SHRI JUSTICE RAJENDRA KUMAR (VERMA)

                     ON THE 4st OF FEBRUARY, 2022

                                FA.No.865/2021

    Between:-
    ALIFIYA HAIDRY D/O NAZAR HUSSAIN , AGED ABOUT 31 YEARS,
    OCCUPATION: SERVICE 178-B KHATIWAL TANK INDORE (MADHYA
    PRADESH)
                                                           .....APPELLANT
    (BY SHRI MAQBOOL AHMED MANSOORI ADVOCATE )

B

    AND

    HUSSAIN LOHAWALA S/O AKHTAR HUSSAIN LOHAWALA , AGED
    ABOUT 29 YEARS, OCCUPATION: SERVICE 372, KHATIWALA TANK
    BADSHAH EMPIRE (MADHYA PRADESH)
                                                         .....RESPONDENT
    (BY SHRI RAKESH PAL, ADVOCATE )
                   (Heard through Video Conferencing)
        This appeal coming on for orders this day, JUSTICE SHRI

JUSTICE VIVEK RUSIA passed the following:

                                 JUDGMENT

Parties are present through video conferencing.

Present appeal is filed against the order dated 22.9.2021 passed by the Family Court, Indore in Muslim Marriage Case No.12/2021 by which the application has been dismissed for want of territorial jurisdiction.

Facts of the case in short are as under:-

(1) The appellant and respondent entered into a wedlock on 25.12.2018 under the custom and rituals of "Muslim Bohra" community. Thereafter they got it registered their

marriage at Indore,. Parents of both the parties are permanent resident of Indore. They have taken a divorce by mutual consent at California. They are residing separately since last more than two years. Since the marriage was registered at Indore, therefore, they filed an application jointly before the Family Court under Section 2 of the Dissolution of Muslim Marriages Act, 1939.

(2) Learned Family Court vide order dated 22.9.2021 has dismissed the application for want of Territorial Jurisdiction. As the marriage took place at Surat. Decision to take a divorce has taken by way of mutual consent on 6.7.2020 at California.

Hence, this appeal before this Court.

Vide order dated 25.1.2022, this Court had directed to keep the appellant and respondent present before this Court through video conferencing.

Today they are present and they have been identified by their respective counsels. Upon asking they both have confirmed that they have taken a divorce by way of mutual consent at California on 6.7.2020 and they are willing to get this marriage performed on 25.12.2018, declared void.

We have perused the record and as per record appellant and respondent both are resident of Indore. Both the parties submitted that still they are carrying Indian Passport and they are Citizens of India therefore, they are permanent resident of Indore and for purpose of job they are residing at California. The marriage got registered at Indore on 4.1.2019, therefore, the same is liable to be dissolved by the Family Court at Indore. The order dated 22.9.2021 passed by Family Court, Indore is set aside. The matter is remitted back to the Family Court, Indore to pass an order in accordance with law.

This first appeal is accordingly, disposed of.

  (VIVEK RUSIA)                           (RAJENDRA KUMAR (VERMA))
       JUDGE                                         JUDGE

                Digitally signed by
                REENA PARTHO
                SARKAR
                Date: 2022.02.07
                10:55:45 +05'30'


DAS