Telangana High Court
Mohammed Junaid Ali Khan vs The Union Of India on 7 January, 2025
Author: Surepalli Nanda
Bench: Surepalli Nanda
HON'BLE MRS JUSTICE SUREPALLI NANDA
WRIT PETITION No.15157 OF 2020
ORDER:
Heard Sri M.D.Fasiuddin, learned counsel appearing
on behalf of the petitioner, Sri H.Rajesh Kumar, learned
Government Pleader for Law and Legislative Affairs
Department, appearing on behalf of the respondent No.4,
Sri Farhan Azam Khan, learned Standing Counsel for
Telangana State Waqf Board, appearing on behalf of the
respondent No.7 and the learned Government Pleader for
Social Welfare, appearing on behalf of the respondent
Nos.5 and 8.
2. The petitioner approached the Court seeking prayer
as under:
"...to issue a Writ Order or direction more
particularly in nature of writ of Mandamus
a) declaring action of the respondent's herein more
particularly respondent No.1 to 10 in failing to
restrain respondent No.11 from running a 'parallel
judiciary' in form of 'Sharaee Council for Conjugal
Disputes' under the banner 'Sada-E-Haq' (Voice of
Truth) having its registered office address at H.No.8-
1-396, 402 Fatima Plaza, Amina Masjid, Paramount
Colony, Tolichowki, Hyderabad in form
of registering cases (disputes) and pronouncing
judgments which is highly illegal, violation of Article
14, 124, 214 of the Constitution of India, contrary to
Muslim Personal Law, Wakf Act and Rules, violation of
The Kazis Act, 1880 inspite of petitioners
representation dated 26-02-2020 and a reminder on
28-08-2019 and in consequence direct the
respondents herein to take immediate and necessary
steps to put to an end to the unapproved and illegal
parallel justice system being run in the form of
'Sharaee Council for Conjugal Disputes' under the
banner 'Sada-E-Haq' (Voice of Truth)
b) To direct the respondent No.11 'Sharaee Council' for
conjugal disputes having its registered office address
at H.No.8-1-396, 402 Fatima Plaza, Amina Masjid,
Paramount Colony, Tolichowki, Hyderabad to pay
petitioner a compensation of Rs.5,00,000/- (Rupees
Five Lakhs Only) towards passing a wrongful order
dissolving the marriage of petitioner with respondent
No.12
c) and pass such other order and further orders as are
just and necessary in the circumstances of the
case."
3. The case of the petitioner in brief on perusal of the record,
indicates that the petitioner made representation dated
26.05.2020 to the respondent No.1 and representation dated
26.02.2020 to the respondent Nos.4 to 7, seeking initiation of
appropriate action to bring to an end unapproved parallel
judiciary being run in the name and style of "SHARAEE COUNCIL
FOR CONJUGAL DISPUTES" being operated by a registered
Society namely 'Sada-E-Haq' Regd. No.3133/1996 i.e., the 11th
respondent herein. The petitioner also made reminders vide
petitioner's representation dated 26.05.2020 to the respondent
No.1 and representation dated 27.05.2020 to the respondent
Nos.4 to 7, however, no action had been initiated in this regard
as on date. Hence, aggrieved by the same, the petitioner field
the present writ petition.
PERUSED THE RECORD
4. The Apex Court, in the judgment of "Vishwa Lochan
Madan Vs. Union of India and others" reported in 2014
(7) SCC 707, at paragraph No.17, observed as under:
"In the light of what we have observed above,
the prayer made by the petitioner in the terms
sought for cannot be granted. However, we observe
that no Dar-ul-Qazas or for that matter, anybody or
institution by any name, shall give verdict or issue
Fatwa touching upon the rights, status and obligation,
of an individual unless such an individual has asked
for it. In the case of incapacity of such an individual,
any person interested in the welfare of such person
may be permitted to represent the cause of
concerned individual. In any event, the decision or
the Fatwa issued by whatever body being not
emanating from any judicial system recognised
by law, it is not binding on anyone including the
person, who had asked for it. Further, such an
adjudication or Fatwa does not have a force of
law and, therefore, cannot be enforced by any
process using coercive method. Any person
trying to enforce that by any method shall be
illegal and has to be dealt with in accordance
with law.
From the conspectus of what we have observed
above, we dispose off the writ petition with the
observation aforesaid, but without any order as to the
costs."
5. The respondent No.2 had failed to convince this Court in
tracing its power to register cases and adjudicate the same
contrary to Muslim Personal Law, Kazi Act, 1880, Wakf Act,
1995.
6. This Court opines that the respondent No.11 herein cannot
operate parallel judicatory, which is not recognized by law.
7. Taking into consideration:
a) The averments made in the affidavit filed by the
petitioner in support of the present writ petition,
b) The submissions made by the learned counsel
appearing on behalf of the petitioner,
c) The submissions made by the learned Standing
Counsel for TSWB, appearing on behalf of the respondent
No.7,
d) The submissions made by the learned Government
Pleader for Social Welfare, appearing on behalf of
respondent Nos.5 and 8,
e) The submissions made by the learned Government
Pleader for Law Legislative Affairs, appearing on behalf of
the respondent No.4 and
d) The observations of the Apex Court at paragraph
No.17 in "Vishwa Lochan Madan" Vs. UOI reportedin
2014(07) SCC 707 (referred to and extracted above),
The writ petition is disposed of directing the
respondent Nos.8, 9 and 10 to take appropriate action in
accordance to law on the representations submitted by
the petitioner dated 26.05.2020 addressed to the
respondent No.1 and petitioner's representation dated
27.05.2020, addressed to the respondent Nos.4 to 7
within a period of four(4) weeks from the date of
receipt of a copy of this order duly taking into
consideration the observations of the Apex Court in the
Judgment reported in 2014 (7) SCC 707 in "Vishwa
Lochan Madan" (Supra) (referred to and extracted
above). However, there shall be no order as to costs.
As a sequel, the miscellaneous petitions, if
any, pending in the Writ Petition shall also stand closed.
____________________________
MRS. JUSTICE SUREPALLI NANDA
Date: 07.01.2025
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