AADIL Vs. UNION OF INDIA

JUDGEMENT

(1.) Petitioner has filed the present petition under Article 226 of the Constitution of India as a Public Interest Litigation (PIL) alleging that respondents No.4 to 8 are running parallel judicial system against the provisions of the Constitution of India and also against the established system of law and justice in this country. They are running their own courts and passing orders and decrees in personal matters.

(2.) The petitioner is claiming himself to be a victim of such type of orders passed by respondents No.4 to 6. The petitioner has filed one of the orders passed by respondent No.7 on an application filed by his wife i.e. respondent No.8 for divorce which is called "Khula" by making all sorts of allegations against him. she sought Talaq under the Kanoon-A-Shariat. On an application of respondent No.8, respondent No.7 has called the petitioner to appear to submit a reply. The petitioner has submitted a reply on 13/2/2017 refuting the allegations made against him. According to the petitioner, respondent No.7 has proceeded with the matter and ordered the Talaq (divorce) by way of Khula which is not permissible under the Indian judicial system. The petitioner has alleged that respondent No.7 under the shelter of respondents no.4, 5 and 6 is entertaining such types of disputes and passing the orders in the matter which are liable to be brought before the Court for adjudication. When no action has been taken the petitioner has approached this Court by way of this writ petition (PIL).

(3.) After notice the respondent No.2 has filed the return raising the issue of maintainability of the petition and availability of alternate remedy to the petitioner as his personal interest is involved in this matter. Respondent No.2 has further submitted that sec. 4 of the Kazi Act, 1880 does not empower the Kazi to confer any judicial or administrative power.