SHAMIM BANO Vs. SHAHABUDDIN

JUDGEMENT

(1.) The petitioner Smt. Shamim Bano was married to respondent Shri Shahabuddin way back on 9th September, 19S2 and it is alleged that thereafter the respondent-husband divorced the petitioner on 3rd November, 1984 at her residence by pronouncing the words 'TALAK TALAK TALAK' in the presence of her parents and one Mr. Bashir son of Allah Maher. resident of 12, Banna Peir, Abdul Fazal Colony, New Delhi and also one Mr. Ranbir son of Gajraj. The petitioner has now filed a petition under Section 2 of the Dissolution of Muslim (Marriage) Act. 1939 (hereinafter referred to as 'the Act') for dissolution of the marriage with the respondent. The said petition was dismissed by Mrs. Kamlesh Sabbharwal, SJIC vide her order dated 23rd May, 1988 as not maintainable. Feeling aggrieved this revision petition has been filed by the petitioner.

(2.) . Notice to show cause was issued and served upon the respondent but the respondent has not appeared to contest this revision petition. The revision petition is admitted. Being a short matter I now propose to dispose it off. I have heard the learned counsel for the petitioner.

(3.) . The short question which arises in this revision petition is whether a petition under Section 2 of the Act is maintainable after the wife has already been divorced in accordance with Muslim Law and to my mind the question must be answered in the negative Section 2 of the Act reads as under: "2. Grounds for decree for dissolution of marriage:-A woman married under Muslim law shall be entitled to obtain a decree for the dissolution of her marriage on any one or more of the following grounds, namely:-