SAMINA BANO Vs. DIRECTOR, ELEMENTARY EDUCATION

JUDGEMENT

(1.) Samina Bano, asserting that she is a divorcee by virtue of talaq-e-biddat (triple talaq), is before this Court seeking benefit of being considered in the special category created for divorcees for appointment on the post of School Teacher. In her petition herein she seeks following relief :-

(2.) Brief facts of the case as pleaded are that the marriage (Nikah) of petitioner was solemnized with one Shri Abid Hussein on 16/4/2014 as per Muslim Personal Law. Later, petitioner was divorced by her husband by pronouncing triple Talaq on 25/12/2014 in presence of two witnesses, which is permissible mode of divorce in the Muslim Personal Law. The petitioner accepted Talaq and has also received her Mahr. The said Talaq reduced in writing by way of Talaqnama dtd. 25/12/2014 duly signed by both husband and wife, as also by two witnesses.

(3.) The stand taken by the respondents in their reply is that the condition as given in the advertisement regarding entitlement of benefit in the Divorcee Women category is very clear and the same requires a decree of divorce from a competent court having been passed prior to last date of filling up of the online application form pursuant to the advertisement for the post concerned. The petitioner approached the learned court for getting a decree of divorce after issuance of the advertisement. It is an admitted position on the record that the decree of divorce in instant case was passed on 27/2/2019 i.e. after the last date of filling up the online application form. The decree dtd. 27/2/2019 cannot be with effect from the alleged Talaknama dtd. 25/12/2014.