HC admits appeal on domicile change ground
ReT Teacher Selection
D A RASHID
Srinagar, May 18: The High Court has admitted an appeal challenging the appointment of a ReT teacher on the ground that her Nikah was performed before the post was notified through an advertisement notice.
A division bench of High Court admitted the appeal filed by Joozi Akhtar through her counsel senior advocate B A Bashir wherein she challenged the appointment of Rehana Abbas of Naheir Tral as ReT teacher on the grounds that Nikah ceremony changed the domicile of the appointed candidate.
Bashir argued that the respondent had been married by virtue of Nikah ceremony on September 6,2009 while the post was advertised in August 2010 when her domicile is to be considered residence of her husband Shafiqul Rehman of Pionoo Kulgam.
He submitted that the selection committee as well as the writ court has not considered the Nikah ceremony as the marriage of the candidate.
He submitted that a division bench of Jammu and Kashmir High Court has already held that under Muslim law that contract of marriage is complete on performing Nikah only and all rest formalities are customary having no relevance with the marriage
“Domicile of girl is deemed to change on Nikah only” the counsel argued.
After hearing the arguments, the court admitted the appeal holding that the appointment of respondent would be subject to the outcome of appeal.
Lastupdate on : Fri, 18 May 2012 21:30:00 Makkah time
Lastupdate on : Fri, 18 May 2012 18:30:00 GMT
Lastupdate on : Sat, 19 May 2012 00:00:00 IST
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