Supreme Court – Daily Orders
Mehroz Jafri vs Kaleem Mulla on 26 March, 2025
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. OF 2025
(Arising out of SLP(C) No. 4635/2023)
MEHROZ JAFRI APPELLANT(S)
VERSUS
KALEEM MULLA RESPONDENT(S)
O R D E R
Leave granted.
2. Being aggrieved by the order dated 24.01.2023, passed in the
First Appeal No.25 of 2021 by the High Court of Judicature at
Allahabad, Lucknow Bench, Lucknow, the appellant has preferred this
appeal.
3. Briefly stated the facts are that the appellant was the wife
of the respondent. She had preferred Case No.33 of 2011 on the file
of the Court of Additional Principal Judge, Family Court, Lucknow,
seeking dissolution of her marriage under Section 2 of the Muslim
Marriage Dissolution Act, 1939. In the said proceeding, the
respondent-husband was placed ex-parte. By judgment and decree
dated 25.11.2011, the marriage between the parties was dissolved by
allowing the said petition.
4. Being aggrieved by the said ex-parte decree, the respondent
Signature Not Verified
herein, preferred Application under Order IX Rule XIII of the Code
Digitally signed by
GEETA JOSHI
Date: 2025.04.02
16:59:50 IST
Reason:
of Civil Procedure Code, 1908 (“CPC” for short), seeking setting
aside of the ex-parte decree and for restoration of Case No.33 of
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2011 on the file of the Court of the Additional Principal Judge,
Family Court, Lucknow. The said application was allowed by order
dated 27.01.2021. As against the said order, the appellant herein
preferred First Appeal No.25/2021 which has been dismissed by the
impugned order dated 24.01.2023. Hence this appeal.
5. We have heard learned counsel for the appellant and learned
counsel for the respondent and perused the material on record.
6. During the course of submissions, learned counsel for the
appellant brought to our notice the fact that the appellant
pursuant to the dissolution of marriage by judgment and decree
dated 25.11.2011 has since married and has also a child. That no
purpose would be served by restoration of the Case No.33 of 2011 on
the file of the Family Court. This aspect has been lost sight of by
the High Court. Hence, the impugned order dated 24.01.2023 may be
set aside and the decree of dissolution of marriage dated
25.11.2011 may be restored.
7. Learned counsel for the respondent submitted that the
respondent is not aware of the fact that the appellant has since
married and has a child. However, the respondent is now willing to
accept the judgment and decree dated 25.11.2011, dissolving the
marriage between the parties.
8. Learned counsel for the respondent has also submitted that no
further claim can be made by the appellant as against the
respondent and appropriate orders may be made in this appeal.
Learned counsel for the appellant also submitted that the
respondent may not have any further claim as against the appellant
herein.
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9. Learned counsel for the respective parties also submitted that
the number of cases and details thereof filed by each of the
parties against the other have been mentioned by way of an
affidavit filed before this Court. In the circumstances,
appropriate orders may be made. In the above backdrop, we have
taken on record the affidavits filed by the appellant as well as
the respondent and perused the same.
10. The details of the pending cases in terms of the aforesaid
affidavits are as under:
IN TERMS OF THE AFFIDAVIT FILED BY THE PETITIONER – LIST OF CASES
FILED BY THE PETTITIONER- MEHROZ JAFRIS.NO. CASE DETAILS PARTIES FORUM NEXT DATE
1. Criminal Case State of Uttar Additional 21 February
No. 27087 of Pradesh vs Chief Judicial 2025
2015 Case (1). Kaleem Magistrate
Crime No. 376 Mulla (1st) Lucknow,
of 2008 under (2). Abdul U.P.
Sections 498A, Salam
323, 504, 506 (3). Smt
Indian Penal Sabira Bi
Code, 1860&
Dowry
Prohibition
Act, 1961
Police Station
– Kaiserbagh
Lucknow, Uttar
Pradesh
Complainant:
Mehroz Jafri.
2. Miscellaneous Mehroz Jafri Civil Judge 26 February
Case No. 293 vs Kaleem (Junior 2025
of 2016 under Mulla Division)/
Section 3 of F.T.C./ Crime
Muslim Women Against Women,
(Protection of Lucknow Uttar
Rights on Pradesh
Divorce) Act,
1986 for
Recovery of
Dower (Maher),
1986.
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3. Criminal Case State of Uttar Additional 28 February
No. 27548 of Pradeshvs Chief Judicial 2025
2015 NCR No. Kaleem Mulla Magistrate
63 of 2009 (1st) Lucknow
under Sections
352, 504 & 506
Indian Penal
Code, 1860
Police
Station:
Kaiserbagh,
Lucknow, Uttar
Pradesh
Complainant:
Margoob Ahmad
Jafri
4. Criminal Case State of Uttar Additional 28 February
No. 27529 of Pradeshvs Chief Judicial 2025
2015, NCR No. Kaleem Mulla Magistrate
116 of 2009 (1st) Lucknow
under Sections
352 & 504
Indian Penal
Code, 1860
Police
Station:
Khaiserbagh
Lucknow, Uttar
Pradesh
Complainant:
Margoob Ahmad
JafriIN TERMS OF THE AFFIDAVIT FILED BY THE PETITIONER – LIST OF
CASES FILED BY THE RESPONDENT –KALEEM MULLAS.NO. CASE DETAILS PARTIES FORUM NEXT
DATE
1. RCT No. 3205692 of Kaleem Mulla Judicial 17
2015 under vs Mehroz Magistrate February
Sections 420, 406 Jafri, (1stClass), 2025
& 120(B) of the Margoob Bhopal,
Indian Penal Code, Ahmad Madhya
1860 (Complaint Jafriand Pradesh
Case) Shamim Naaz
Police Station Jafri
Jahangirabad
Bhopal, Madhya
Pradesh
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2. UN-CR No. 2671 of Mrs. Sajida Judicial
2021 under Section Khan (Sister Magistrate
200 of the Code of Kaleem (1stClass)
of Criminal Mulla) vs Bhopal,
Procedure, 1973 Mehroz Madhya
(Unregistered) Jafri, Pradesh
Police Station: Margoob
Shahjahanabad Ahmad Jafri
Bhopal, Madhya and Shamim
Pradesh Naaz Jafri
3. Complaint No. 243 Kaleem Mulla Additional
of 2016Under vs Margoob Chief
Section 200 of the Ahmad Jafri Judicial
Code of Criminal and others Magistrate
Procedure, (1st)
1973(Unregistered) Lucknow,
Police Station Uttar
Kaiserbagh Pradesh
Lucknow, Uttar
Pradesh
4. Criminal Revision Kaleem Mulla High Court, No date
No. 82 of 20211 vs Allahabad, is fixed
under Sections 397 Additional Lucknow
& 401 of the Code Principal Bench
of Criminal Judge Family
Procedure, 1973 Court,
Lucknow and
Mehroz Jafri
5. Criminal Revision Kaleem Mulla High Court, No date
No. 672 of vs Allahabad, is fixed
2023under Section Additional Lucknow
19 (4) of the Principal Bench
Family Court Act, Judge (5th)
1984 Family Court
Lucknow
andMehroz
Jafri
6. Petition bearing Kaleem Mulla High Court, No date
no. 3409 of 2023 vs Mehroz Allahabad, is fixed
under Article 227 Jafri Lucknow
of the Bench
Constitution of
India, 1950
7. Criminal Revision Kaleem Mulla High Court, No date
No. 1006 of 2023 vs Allahabad, is fixed
under Section 19 Additional Lucknow
(4) of the Family Principal Bench
Court Act, 1984 Judge (5th)
Family Court
Lucknow and
Mehroz Jafri
and Others
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8. Criminal Kaleem Mulla High Court, No date
Miscellaneous Case and another Allahabad, is fixed
No. 4875 of 2018 vs State of Lucknow
under Section 482 Uttar Bench
of the Code of Pradesh and
Criminal another
Procedure, 1973IN TERMS OF THE AFFIDAVIT FILED BY THE RESPONDENT – LIST OF
CASES FILED BY PETITIONER – MEHROZ JAFRI AND FATHER OF PETITONER
– MARGHOOB AHMED JAFRI
S.No Case Details Description and Current Status
1 Case no 924/2008 U/S Filed by Petitioner (Mehroz Jafri)
125 Cr.P.C Mehroz in year 2008 against Respondent
jafri vs Kalim mulla. (Kalim mulla) in lucknow family
Filed in year – 2008 court.
before Family Court
Lucknow. Exparte order
dated 25.11.2011 has
been passed.
2 Case No 33/2011 Filed by Petitioner (Mehroz Jafri)
U/s – 2 MMA Mehroz against Respondent (Kalim mulla)
jafri vs Kalim mulla. for taking divorce in year 2011.
Filed in year – 2011
Pending before
Additional Principal
Judge Family Court 5th
Lukcnow.
11. Since the parties are no longer interested in continuing with
the lis and they have expressly stated that the cases filed by them
as against the other may be closed, we take note of the affidavits
filed by the respective parties and the submissions made by their
respective counsel. Consequently, the impugned order dated
24.01.2023 is set aside. As a result, the judgment and decree dated
25.11.2011 dissolving the marriage between the parties is restored
and sustained. It is reiterated that the marriage between the
parties stands dissolved vide judgment and decree dated 25.11.2011.
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12. The aforesaid cases filed by the appellant against the
respondent stand quashed in exercise of our powers under Article
142 of the Constitution so as to do complete justice to the parties
herein. In the same way, the aforesaid cases filed by the
respondent against the appellant stand quashed. No proceedings in
respect of the aforesaid cases shall be continued by either of the
parties and against the other party.
13. No claim shall be made by the appellant as against the
respondent herein and similarly by the respondent as against the
appellant herein in future. The appellant shall not have any
further claim including maintenance as well as mehar against the
respondent herein. Similarly, the respondent shall not have any
claim whatsoever as against the appellant herein.
No further litigation shall ensue between the parties.
In the result, the appeal filed by the appellant herein, is
allowed and disposed of in the aforesaid terms.
The parties shall also produce a copy of this order in the
pending proceedings for seeking an express order of closure, if
necessary.
Pending application(s), if any, shall stand disposed of.
………………………………………………J.
(B.V. NAGARATHNA)
…………………………………………………J.
(SATISH CHANDRA SHARMA)
NEW DELHI;
MARCH 26, 2025
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ITEM NO.46 COURT NO.7 SECTION XI
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition for Special Leave to Appeal (C) No. 4635/2023
[Arising out of impugned judgment and order dated 24-01-2023 in FA
No. 25/2021 passed by the High Court of Judicature at Allahabad,
Lucknow Bench]
MEHROZ JAFRI Petitioner(s)
VERSUS
KALEEM MULLA Respondent(s)
[TO BE TAKEN UP IMMEDIATELY AFTER THE FRESH CASES ARE HEARD.]
IA No. 47212/2023 – EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT AND IA No. 48326/2023 – PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES
Date : 26-03-2025 This matter was called on for hearing today.
CORAM HON’BLE MRS. JUSTICE B.V. NAGARATHNA
HON’BLE MR. JUSTICE SATISH CHANDRA SHARMA
For Petitioner(s) Mrs. Vanita Bhargava, Adv.
Mr. Ajay Bhargava, Adv.
Ms. Phalguni Nigam, Adv.
M/S. Khaitan & Co., AOR
For Respondent(s) Mr. Mahesh Tiwari, Adv.
Mr. Bishnu Tiwari, Adv.
Ms. Saumya Tiwari, Adv.
Mr. Suhas Kadam, Adv.
M/S. Black & White Solicitors, AOR
UPON hearing the counsel the Court made the following
O R D E R
Leave granted.
The appeal is allowed and disposed of, in terms of the
signed order, placed on the file.
Pending application(s), if any, shall stand disposed
of.
(GEETA JOSHI) (DIVYA BABBAR)
SENIOR PERSONAL ASSISTANT COURT MASTER (NSH)
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