Vishwa Lochan Madan v. Union of India and others

'1 1. Sada-E-Haq (Voice of Truth) Sharaee Council for Conjugal Disputes, Rept., by its Founder and Secretary, Mr. Mohd Moinuddin S/o Mohammed Hussain, Office address. H.No. 8-1-396 (pm) 76, 4O2 Fatima Plaza, Amina Masjid, Paramount Colony, Tolichowki, Hyderabad-500008.

12.Smt Anis Fatema, D/o Mohammed Sameer Farooqi, Aged about 25 years, Occ. Asst prof Shadan Coflase, nyo riai No.-sb1 ,"roiie No.-6_i1i6:'B: Block, Mohammed Mansion,_F and T Cotony, Sin'city Hyderabad_ 500t86. Also at. Shadan Coileoe of Engineering ana'teifrnol6gy' ECE-Dupirtr"-nt, Himayath Sagar Road."peer*Cfi nv"oJrJroliijoosr . "rr, ...RESPONDENTS Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a writ, order or direction more particularly in nature of writ of Mandamus a) declaring action of the respondents herein more particularly respondent No. I to 'r 0 in failing to restrain respondent No. '1 1 from running a parallel judiciary in form of Sharaee council for conjugal Disputes under the banner Sada-E-Haq (voice of rruth) having its registered office address at H.No. 8-1-396, 4O2 Fatima Plaza, Amina Masjid, paramount Colony, Tolichowki, Hyderabad, in form of registering cases (disputes) and pronouncing judgments which is highly illegal, violation of Article 14, 124, 214 ol rhe constitution of lndia, contrary to Muslim Personal Law, wakf Act and Rules, violation of rhe Kazis Act, 1880 inspite of petitioners representation dated 26-02-2020 and a reminder on 28-08'2019 and in consequence direct the respondents herein to take immediate and necessary steps to put to an end to the unapproved and illegal parallel justice system being run in the form of Sharaee councit for conjugal Disputes under the banner sada-E-Haq (Voice of rruth) b) To direct the respondent No. 11 Sharaee council for conjugal disputes having its registered office address at H.No. B-1- 396, 402 Fatima Plaza, Amina Masjid, paramount Colony, Tolichowki, Hyderabad to pay petitioner a compensation of Rs. 5,00,0001 (Rupees Five Lakhs Only) towards passing a wrongful order dissolving the marriage of petitioner with respondent No. 12. lA NO: 2 OF 2020 Petition under Section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the respondent No. 11 herein not to register cases and pass judgments under sada-E-Haq sharaee council for conjugal disputes having its registered office address at H.No. 8-1-396, 402 F arima plaza, Amina Masjid, paramount colony, Tolichowki, Hyderabad pending disposabre of the main writ petition. I ,/ro*o,1 oF 2o2o ,/ ( Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent No. 2, 5 to 9 to seal and seizure the office of Sharaee Council for conjugal disputes having its registered office address at H.No. 8-1- 396, 402 Fatima Plaza, Amina Masjid, Paramount Colony, Tolichowki, Hyderabad pending disposable of the main writ petition. Counsel for the Petitioner : SRI MD.FASIUDDIN Counsel forthe Respondents No.1to3: SRI GADI PRAVEEN KUMAR, DY.SOL.GENER^AL Counsel forthe Respondent No.4: SRI H.RAJESH KUMAR, GP FOR LAW & LEGISLATIVE AFFAIRS Counsel for the Respondent No.5,6&8: GP FOR SOCIAL WELFARE Counsel for the Respondent No.7: SRI FARHAN AZAM KHAN, SC FOR WAKF Counsel for the Respondent No.9: GP FOR HOME Counsel for the Respondent No.10: GP FOR STAMPS & REGISTRATION Counsel for the Respondent No.11&12 : GP FOR SOCIAL WELFARE The Court made the following: ORDER I HON'BLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION No.15157 OF 20 20 ORD ER: Heard Sri M.D.Fasiuddin, learned counsel appearing on behalf of the petitioner, Sri H.Rajesh Kumar, learned Government Pleader for Law and Legislative Affairs Department, appearing on behalf of the respondent No.4, Sri Farhan Azam Khan, learned Standing Counsel for Telangana State Waqf Board, appearing on behalf of the respondent No.7 and the learned Government Pleader for Social Welfare, appearing on behalf of the respondent Nos.S and 8.

2. The Detitione r aooroached the Court ekino oraver as under: "...to issue a Writ Order or direction mo re particularly in nature of writ of Mandamus a) declaring action of the respondent's herein more particularly respondent No.1 to 10 in failing to restrain respondent No.11 from running a 'parallel judiciary' in form of 'Sharaee Council for Conjugal Disputes' under the banner 'Sada-E-Haq' (Voice of Truth) having its registered office address at H.No.8- L-396, 4O2 Fatima Plaza, Amina Masjid, Paramount I 2 Colony, Tolichowki, Hyderabad in form of registering cases (disputes) and pronouncing judgments which is highly illegal, violation of Article 14, 724,214 of the Constitution of India, contrary to Muslim Personal Law, Wakf Act and Rules, violation of The Kazis Act, 1880 inspite of petitioners representation dated 26-02-2020 and a reminder on 28-08-2019 and in consequence direct the respondents herein to take immediate and necessary steps to put to an end to the unapproved and illegal parallel justice system being run in the form of 'Sharaee Council for Conjugal Disputes' under the banner'Sada-E-Haq' (Voice of Truth) b) To direct the respondent No.11 'Sharaee Council'for conjugal disputes having its registered office address at H.No.8-1-396, 402 Fatima Plaza, Amina Masjid, Paramount Colony, Tolichowki, Hyderabad to pay petitioner a compensation of Rs.5,00,000/- (Rupees Five Lakhs Only) towards passing a wrongful order dissolving the marriage of petitioner with respondent No.12 c) and pass such other order and further orders as are just and necessary in the circumstances of the case. "

3. The case of the petitioner in brief on perusal of the record, indicates that the petitioner made representation dated

26.05.2020 to the respondent No.1 and representation dated I

26.O2.2O20 to the respondent Nos.4 to 7, seeking initiation of appropriate action to bring to an end unapproved parallel judiciary being run in the name and style of "SHARAEE COUNCIL FOR CONJUGAL DISPUTES" being operated by a registered Society namely 'Sada-E-Haq' Regd. No.3133/1'996 i.e', the 11th respondent herein. The petitioner also made reminders vide petitioner's representation dated 26.05-2020 to the respondent No.1 and representation dated 27.O5.2O20 to the respondent Nos.4 to 7, however, no action had been initiated in this regard as on date. Hence, aggrieved by the same, the petitioner field the present writ petition. PERUSEO THE RECORD

4. The Aoex Court, in the iudoment of "Vishwa Lochan Madan Vs. Union of India and others" reoorted in 2O14 (7'l SCC 7O7, at oaraoraoh No.17' observed as under: "In the light of what we have observed above, the prayer made by the petitioner in the terms sought for cannot be granted. However, we observe that no Dar-ul-Qazas or for that matter, anybody or institution by any name, shall give verdict or issue Fatwa touching upon the rights, status and obligation, of an individual unless such an individual has asked for it. In the case of incapacity of such an individual, ( r 4 F e b wha any person interested in the welfare of such person may be permitted to represent the cause of concerned individual. In anv event, the decisionor h emanatino from anv iudicial svstem recoqnised bv law, it is not bindinq on anvone includino the oerson. who had asked for it. Further. such an adi ud i cation or Fatwa does not have a force of law and, therefore, cannot be enforced bv anv orocess usino coercive method. Anv oerson trvino to enforce that bv anv method shall be illeqal a nd has to be dealt with in accorda n ce with law. From the conspectus of what we have observed above, we dispose off the writ petition with the observation aforesaid, but without any order as to the costs. "

5. The respondent No.2 had failed to convince this Court in tracing its power to register cases and adjudicate the same contrary to Muslim Personal Law, Kazi Act, 1880, Wakf Act,

6. This Court opines that the respondent No.11 herein cannot operate parallel judicatory, which is not recognized by law.

7. Takino into consideration: I 5 a) The averments made in the affidavit filed by the petitioner in support of the present writ petition, b) The submissions made by the learned counsel appearing on behalf of the petitioner, c) The submissions made by the learned Standing Counse! for TSWB, appearing on behalf of the respondent No.7, d) The submissions made by the learned Government Pleader for Social Welfare, appearing on behalf of respondent Nos.5 and 8, e) The submissions made by the learned Government Pleader for Law Legislative Affairs, appearing on behalf of the respondent No.4 and d) The observations of the Apex Court at paragraph No,17 in "Vishwa Lochan Madan,, Vs. UOI reportedin 2O14(O7) SCC 707 (referred to and extracted above), The writ petition is disposed of directing the respondent Nos.8, 9 and 1O to take appropriate action an accordance to law on the representations submitted by the petitioner dated 26.O5.2O2O addressed to the respondent No.1 and petitioner,s representation dated 27.O5.2O2O, addressed to the respondent Nos.4 to 7 F I I l 6 within a period of four(4) weeks from the date of receipt of a copy of this order duly taking into consideration the observations of the Apex Court in the Judgment reported in 2014 (7) SCC 7O7 in "Vishwa Lochan Madan" (Supra) (referred to and extracted above). However, there shall be no order as to costs. As a sequel, the miscellaneous petitions, if any, pending in the Writ Petition shall also stand closed. //TRUE COPY// SO/. T.TIRUMALA DEVI ASSISTAN REGISTRAR SEC FICER HYderabad. HYderabad. NamPallY, HYderabad' lndia, New Delhi, lndia' of lndia, New Delhi, lndia' ,n" Secretary (Justice) Ministry of Law and Justice' Secretariat Office' Union oi f nO-iu, ,lui.ifti.,", Uo''t",26 MansinghRoad' New Delhi-1 10011' "en irs, Government of lndia, Union of to'r. ' 2. The secretary, ruiniltli"oi r,rri""ritv '3. The Secretary, C"nt'Ii Wuff Council' Ministry of Minority Affairs' Government 4. The Secretary Law Oe"plrtment' State of Telangana' Secretariat' Hyderabad' 5. The Secretrrv rr/linorliiiv"ii"" o"p"t'"nt' Slate of Telangana' Secretariat' 6. The Chairman' Telangana State Minority Commission' Khairtabad' 7. The Chief Executive Officer' Telangana State Wakf Board' Razzaq Manzil' 8. The District Cottectoi Hyderabad District' Nampallv Station Road' Hyderabad' Hyderabad city Police, Basheerbagh' 9. The Commissioner' oi- ro.iie negistrar of Societies, Red Hills' Hyderabad ii.o"" cdt" sRl MD.FASIuDDIN' Advocate [oPUCl l2.oneCC to SRI GADi i'-RAVELTI xuunn' (beputv'solicrtorGeneral of lndia)' '- 13.Two CCs to GP F6;i Hort'rE'"iigr' court for the State of Telangana at 14.Two CCs to GP FOR STAMPS & REGISTRATION' High Court for the State 15.Two ccs to GP;;;i;oInl'wElrnne' High court for the State of 16.One CC tO SRI FAR,ifiN E;M KHAN, SC FOR WAKF BOARD. [OPUC] 17.Two ccs to GP rdii'inril il rlbislnlvE AFFAIRS' Hish court for the iigh Cortt for tre siaie of T"lung"n' at Hyderabad toPUCl of Telangana at Hyderabad' IOUTI Telangana at Hyderabad [OUTI Hyderabad' [OUTI -pori.", HYderabad. State of Telangana at Hyderabad [OUI

18.Two CD Copies. BSK BsR Vy- HIGH COURT DATED:07 t01t2025 ORDER WP.No.I51ST of 2O2O DISPOSING OF THE WRIT PETITION WITHOUT COSTS 3t( .@ Yr -- 6fl"r 1 iA t ( t g 10 tEts 2125 a \ \ * oI Ps ,A1