THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Writ Petition No.25122 of 2011 Date:13th September, 2011 Between: Mohammed Haneef S/o.Mohd. Abdul Azeem ….Petitioner and 1. A.P.State Wakf Board, rep. by its Chief Executive Officer, Office at Haj House, Nampally, Hyderabad & 2 Ors. ….Respondents *** THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Writ Petition No.25122 of 2011 ORDER: This Writ Petition has been filed seeking a writ of Mandamus declaring the divorce certificate No.0476, Issue No.327, dated 06.05.2011 dissolving the marriage between the petitioner and the 3rd respondent issued by the A.P. State Wakf Board-1st respondent as void, inoperative, ineffective and opposed to the provisions of Mohammedan Law. 2. The petitioner-Mohammad Haneef claims to be the husband of Smt.Fahmeeda-3rd respondent having married her on 29.08.1993 as per Muslim rites and customs at Nafees Manzil, A.C. Guards, Hyderabad. Out of the wedlock, the 3rd respondent gave birth to 3 children. The petitioner issued a legal notice on 24.09.2010 to the 3rd respondent making out certain allegations that she misappropriated his hard earned money and gold articles. The petitioner filed FCOP No.436 of 2011 on the file of the Additional Family Court, City Civil Court, Hyderabad, against the 3rd respondent, seeking for restitution of conjugal rights. The petitioner also filed a report before the Station House Officer, Panjagutta P.S., Hyderabad, against the 3rd respondent and others. Basing on the said report, a case in crime No.270 of 2011 for the offences under Sections 384, 386, 506, 120 r/w.34 IPC came to be registered against the 3rd respondent and others. The 3rd respondent filed FCOP No.990 of 2011 before the Family Court, City Civil Court, Hyderabad, for custody of minors. She also filed a report before the Station House Officer, WPS, CCS, Hyderabad, against the petitioner and others complaining harassment on the ground of additional dowry. The said report came to be registered as a case in Crime No.164 of 2011 of WPS, CCS, DD, Hyderabad, for the offences under Section 498-A IPC and Sections 4 and 6 of the Dowry Prohibition Act. The 3rd respondent filed divorce certificate, dated 06.05.2011, in FCOP No.990 of 2011. According to the petitioner, the divorce certificate is not in accordance with the principles of Mohammedan Law and there is no proper pronouncement of triple talaq, which is a necessary ingredient for issuing divorce certificate by the respondents 1 and 2. In a nutshell, the relief sought for by the petitioner is to set aside the divorce certificate No.0476, Issue No.327, dated 06.05.2011, issued by the A.P. State Wakf Board-1st respondent. 3. Heard learned counsel appearing for the petitioner and perused the affidavit filed in support of the Writ Petition. 4. Learned counsel appearing for the petitioner submits that the divorce certificate, dated 06.05.2011, is not in accordance with the provisions of Mohammedan Law and therefore, the certificate issued by the 1st respondent is required to be declared as null and void. 5. The disputes between the petitioner and the 3rd respondent relatable to their marital relationship. The disruption in the marital relationship between the parties led to filing of cases and counter- cases. It is a matter of record that both the parties approached the civil Court as well as the criminal Courts ventilating their grievances. 6. In the given facts and circumstances, invoking the extra-ordinary jurisdiction of this Court under Article 226 of the Constitution of India is wholly misconceived. The petitioner is at liberty to question the divorce certificate issued by the 1st respondent by initiating appropriate proceedings before the competent civil Court. 7. Accordingly, the Writ Petition is dismissed at the admission stage. No costs. ________________________ B.SESHASAYANA REDDY, J. Date:13th September, 2011. cs THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Writ Petition No.25122 of 2011 Date:13th September, 2011