Disposed

Saima Bano v. Shabir Ahmad Sheikh

J&K HC2 Sept 2020CM(M)/58/2020

Case brief

AI extract

What is this about?

In a petition filed under CM(M) No.58/2020, the High Court of Jammu and Kashmir directed the Additional District Judge, Handwara, to decide the pending dissolution of marriage suit filed by the petitioner summarily within two months.

What did the court decide?

Direction to the Additional District Judge, Handwara, to consider and decide the petition for dissolution of marriage on its own merits within two months.

Saima Bano Vs Shabir Ahmad Sheikh — Matrimonial and Divorce | J&K HC (2020)

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Serial No.106 Admission Cause List.

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HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR

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(Through Video Conferencing from Jammu)

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CM No.3267/2020 In CM(M) No.58/2020

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Mst. Saima Bano ……. Petitioner(s)

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Through: Mr. Mir Hussain Rashid, Advocate

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Versus

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Shabir Ahmad Sheikh ………Respondent(s)

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CORAM :

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HON’BLE MR JUSTICE TASHI RABSTAN, JUDGE

ORDER

02.09.2020

CM No.3267/2020

01.Application, for reasons detailed therein, is allowed and requirement of

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affixing court fee, etcetera, is dispensed with, at this stage.

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02.CM disposed of.

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CM(M) No.58/2020

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03.The case, set up by petitioner as is culled out from petition on hand, is

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that she had solemnized marriage with one Shabir Ahmad Sheikh S/o Abdul Aziz Sheikh R/o Tujjar Sharif district Baramulla – respondent herein, on 18^th June 2012 under Shariat & Muslim Personal Law . Out of the said wedlock, a girl child was born. Due to rude conduct and behaviour of respondent, it was difficult for petitioner to continue as his legally wedded wife. Thus, petitioner was left with no option but to leave her husband’s house along with girl child. It is maintained that in view of change in habit of respondent-husband, petitioner was constrained to file a petition for dissolution of marriage before

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SHAMEEM HAMID MIR 2020.09.11 10:48 I attest to the accuracy and integrity of this document

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CM(M) No.58/2020

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Additional District Judge, Handwara (for brevity “ Trial Court ”). Despite several notices issued by the Trial Court, respondent did not chose to put his appearance before the Trial court and finally, the Trial court set respondent ex parte in the year 2018. Yet, there is no improvement in the proceedings before the Trial court and resultantly forcing petitioner to knock at portals of this Court with petition on hand. Petitioner seeks a direction to the Trial court to dispose of the petition for dissolution of marriage, titled as Mst. Saima Bano v. Shabir Ahmad Sheikh , filed by her at an earliest.

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04.Given the case set up, petitioner seeks innocuous prayer to direct the Trial Court to conclude the trial at an earliest.

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05.In view of the above, I deem it proper to dispose of petition on hand without issuing notice to other-side, with a direction to learned Additional District Judge, Handwara, to consider and decide the petition filed by petitioner before it for dissolution of marriage, titled as Mst. Saima Bano v. Shabir Ahmad Sheikh , at an earliest, preferably within a period of two months from the date copy of this order is made available on its own merits. Disposed of .

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(Tashi Rabstan) Judge

Srinagar

02.09.2020

“Shameem Hamid”

Whether approved for reporting? Yes/No

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SHAMEEM HAMID MIR 2020.09.11 10:48 I attest to the accuracy and integrity of this document

Saima Bano v. Shabir Ahmad Sheikh

Case brief

What is this about?

What did the court decide?

Saima Bano v. Shabir Ahmad Sheikh

Case brief

What is this about?

What did the court decide?

What the court decided

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