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Bombay High CourtWP/1500/2013

Mr. Abid Hussain S/O. Mohd. Kasim Mulla v. Moh'D Tawfeeq Mazahiri (Qazi-E-Shariah) And 7 ORS.

2015-04-16Hon'Ble Shri Justice A.S. Gadkari,Hon'Ble Shri Justice B.R. Gavai2 pages

PNP 1/2 WP1500-16.4

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1500 Of 2013 Abid Hussain s/o. Mohd. Kasim Mulla

...Petitioner.

versus Moh'd Tawfeeq Mazahiri (Qazi-E-Shariah) and others ..Respondents.

.....

Mr. Dilip Shukla for the Petitioner.

Mr. Saeed Akhtar with Mr. Hitesh Thorat with Mr. Rehan Ansari for Respondent No.2.

Ms. Rashida Ainapore for Respondent Nos.4 and 5. Mrs. Anjali Helekar, AGP for Respondent Nos.6, 7 and 8. .....

CORAM : B.R. GAVAI & A.S. GADKARI, JJ.

16th April, 2015.

P.C. :

The reliefs claimed in the Petition are of oblivious in nature seeking direction to Respondent Nos.1, 3 and 5 to produce on record particulars and data regarding the number of divorces declared by them including Case No.14/827.

2.

Firstly, the Petition is in the nature of seeking a fishing enquiry against Respondent Nos.1, 3 and 5. Secondly, the matter pertains to the personal laws of the citizens concerned. Thirdly, if any particular individual has any grievance, he is always at liberty to raise such a grievance in appropriate proceedings.

PNP 2/2 WP1500-16.4 3.

In that view of the matter, we are not inclined to entertain the Petition in exercise of an extra-ordinary jurisdiction under article 226 of the Constitution. Rejected.

4.

Needless to say that the Petitioner would be at liberty to take such steps as are permissible in law and raise the contentions which are raised in the present Petition in such proceedings. (A.S. Gadkari, J.) (B.R. Gavai, J.)