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Manyata's first husband challenges session court

July 21, 2008 17:28 IST

Sanjay Dutt and wife Manyata have been taken to court once again by her ex-husband Meraj Ur Rehman, who has challenged the sessions court order that upheld their divorce.

Meraj's application contends that the order upholding the divorce was premature. The sessions court had passed the order without allowing Meraj to lead evidence before the magistrate court, said his lawyer Ravi Mungekar.

"The case is likely to come up for hearing on Wednesday before justice Abhay Oka. Meraj, who is lodged in Arthur Road jail, has further contended that for divorce by Khula, talaq has to be given by the husband. But Meraj never gave the talaq," Mungekar said.

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 by Khula.

They had also told the sessions court that the magistrate, while issuing process, had only considered provision of the Dissolution of Muslim Marriages Act and the not the Shariat 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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