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HC admits Meraj's appeal against Dutt couple

The Bombay High Court today admitted an appeal against actor Sanjay Dutt and his wife Manyata challenging the sessions court order that upheld her divorce with former husband Merajur Rehman.

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MUMBAI: The Bombay High Court on Tuesday admitted an appeal against actor Sanjay Dutt and his wife Manyata challenging the sessions court order that upheld her divorce with former husband Merajur Rehman.
    
Justice Abhay Oka, who was hearing Rehman's application, will be issuing notices to the Dutt couple, Rehman's lawyers Taraq Sayed and Ravi Mungekar said.
    
Meraj's application contended that the sessions court had failed to consider the divorce certificate produced by Manyata, which was of a judicial divorce.
    
The qazi (Muslim cleric) does not have the power to give a judicial divorce to a couple, Sayed argued on Tuesday.
    
The petition challenged the order upholding the divorce, alleging it was premature. The sessions court had passed the order without allowing Meraj to lead evidence before the magistrate court, Mungekar said.
    
Meraj, who is lodged in Arthur Road jail here, further said in his application that for divorce by 'Khula' system, 'talaq' has to be given by the husband. But Meraj never gave the 'talaq'.
       
Earlier in May, a sessions court had set aside a magistrate's order which had asked Dutt and Manyata to appear in court to respond to charges of adultery and bigamy.
       
Manyata had challenged the process issued before the sessions court. Her lawyers had told the lower court that she had obtained divorce.
       
Manyata's lawyers had argued before the sessions court that the magistrate, while issuing the process, had only considered provision of the Dissolution of Muslim Marriages Act and not the Shariah and the Muslim Personal Law.
       
They relied on various judgments to support their claim that under the Khula system, a woman could divorce her husband by sending a notice to him through a qazi.
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