The Andhra Pradesh High Court issued an order on 5th January, 2023 in which while setting aside trail judgment held that the husband’s plaint for declaration of divorce decree by triple talak in view with Shayra bano’s case where the Apex Court held that triple talak is unconstitutional should be applied retrospectively. This was held in the case of Shaik Jareena v. Shaik Dariyavali (CIVIL REVISION PETITION No.2477 of 2019). This case was presided over by Honorable Mr. Justice Dr. V.R.K.KRUPA SAGAR.
FACTS OF THE CASE
In this case, the petitioner is the wife of respondent who filed suit before trail Court to declare their marriage dissolved. He divorced his through triple talak on 8th April, 2016 and wrote a letter regarding communication of the same on same day. He sent the letter to petitioner on 18th April, 2016 and a cheque dated on 7th April, 2016 for iddat money. He served a copy of talaknama to anjuman on 22nd july, 2016. The petitioner filed a reply notice 6th October, 2016 and the respondent filed a rejoinder 10th October, 2016. It was on these averments he filed a suit before the trail Court praying to declare their marriage is dissolved. The wife filed an application under Order VII Rule 11 and Section 151 C.P.C. seeking for rejection of the plaint and the learned trial Court declined it. The wife aggrieved by the judgment filed revision petition before the Honorable Court.
The Court held that it acknowledged the fact that the husband filed the petition on 4th November, 2016 and issued divorce through tripe talak on 8th April, 2016. The Apex Court Judgment on Sharya Bano’s case was given on 22nd August, 2017. The trail Court observed since there was no law declared making triple talak illegal, the wife application will be dismissed and petitioner’s decree for divorce can be issued. The High Court observed under the P V George v State of Kerala, the law laid done by Supreme Court will have retrospective effect unless otherwise stated. So, in this the law laid on by Apex Court on Triple Talak will have retrospective effect on plaint in this and ruled in favor of wife by setting aside judgment of trail Court.
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JUDGMENT REVIEWED BY ATTILI LEELA NAGA JANAKI RAJITHA.