SEEMA NASIB Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) SINCE a common point of law is involved in this bunch of writ petitions, these writ petitions are being disposed of by this common order. The common point involved in these matters is as to whether a divorced Muslim lady, who has been given divorce by her husband on the basis of `talaknama', is required to go to civil Court for declaratory decree for the purpose of making application for appointment.

(2.) THE issue in question is squarely covered by the judgment of this Court in the case of Smt. Shahanaj Khan vs. State of Raj. & Ors. (S. B. Civil Writ Petition No. 176/2007) decided on 18. 2. 2008 = (2008 (3) RLW 2390) wherein this Court has directed the respondents to consider the claim of the petitioner in the category of divorced woman on the basis of `talaknama' produced on record. However, the respondents were given liberty to verify whether the `talaknama' is genuine or not.

(3.) IN view of what is stated above, all these petitions are allowed and the directions given by this Court in S. B. Civil Writ Petition No. 176/2007 shall be made applicable to the present petitioners also and the applications given by each of the petitioners of these writ petitions are to be processed and to be dealt with as per the directions given in the aforesaid Writ Petition No. 176/2007. .