IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.26702 of 2001 Between: Shaik Mohammed Ghouse, S/o.Khader Saheb, SHAR Centre, Sriharikota. R/o.Qr.No.604, Phase-II, Sriharikota, Nellore District. ..... PETITIONER AND 1 The Indian Space Reaseach Organisation, SHAR Centre, Rep. by its Senior Admn., Officer, Sriharikota, Nellore District. 2 The Sub-Inspector of Police, Mahila Police Station, Nellore, Nellore District. 3 Shaik Faizunnissa, D/o.Sk.Nabi Hussain, R/o. C/o.Sk.Mohammed, Gulzar Cool Drinks, Near C.A.H.High School, Traversepet, Nellore-3. Nellore District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the Office Memorandum No.SCF/PGA/ESTT/III/R 10530, dt:20.9.2001 of the 1st respondent as illegal, unjust, arbitrary, unwarranted, contrary to la and insisting the petitioner to get an order from the concerned court relating to dissolution of marriage is also illegal, void and accordingly setaside the impugned office memorandum of the 1st accordingly setaside the impugned office memorandum of the 1st respondent and to pass. Counsel for the Petitioner:MR.S.V.MUNI REDDY Counsel for the Respondent No.: MR.A.RAJASHEKAR REDDY (ASST SOLICITOR GEN) The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.26702 of 2001 ORDER: The petitioner, who is working as Senior Technician-A at Shar Centre, Sriharikota, Nellore District, married the 3rd respondent on 25-08-1989. At the time of marriage, the 3rd respondent had three children. The petitioner entered the name of the 3rd respondent as well as the names of her three children in the service record of the petitioner. Thereafter, he has given divorce to the 3rd respondent on 09-02-1998 and accordingly, he addressed a letter, dated 17-03-1998 to the 1st respondent stating that he has given divorce to his wife and requested to remove the name of the 3rd respondent as well as the names of her three children from the service record and also produced Certificate issued by the Deputy Khazi, Nellore, dated 15-03-1998 to the effect that he has given divorce to his wife by pronouncing talak three times on 09-02-1998. However, the 1st respondent issued Office Memo No.SCF/PGA/ESTT/III/R 10530, dated 20-09-2001, stating that the divorce said to have been given to his wife cannot be accepted in the absence of any documentary evidence. Petitioner questions the said Memo, dated 20-09-2001 stating that under Muslim Law, the marriage contract was dissolved by pronouncing Talak three times and to that effect, the Deputy Khazi also given Certificate, dated 15-03-1998, and in fact, the 3rd respondent has also not disputed or denied about the fact of obtaining divorce from her. In view of the aforesaid facts and circumstances of the case, I am of the opinion that there cannot be any objection for the 1st respondent to recognize Talak of the petitioner, but, however, the petitioner is not entitled to delete the names of three children from the service record as he cannot disown them. Merely because the petitioner divorced his wife, he cannot disown three children, as they continued to be the dependants on the petitioner. Accordingly, the writ petition is disposed of directing the 1st respondent to delete the name of the 3rd respondent alone from the service record, but not the names of three children. There shall be no order as to costs. ___________ 11-04-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TML}