Andhra Pradesh High Court Bars Waqf Tribunal from Reopening 45-Year-Old Land Dispute
- Case Name: Kalimela Kiran Kumar v. The State Of Andhra Pradesh & Ors.
The Andhra Pradesh High Court has ruled that the Waqf Tribunal lacks jurisdiction to entertain a 2024 suit challenging a land parcel, already adjudicated as non-Waqf property by a civil court in 1978.
The court cited Section 7(5) of the Waqf Act, 1995, stating that once a civil court has decided an issue before the Act’s commencement, the Tribunal cannot reopen it.
The case arose when the Mutavalli of the Darvesh Takia Masjid filed a declaration suit over land that had been conclusively declared non-Waqf in 1978.
The High Court held that allowing the suit would violate res judicata and issued a writ of prohibition against the Tribunal.
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Trans Woman Can File Cruelty Complaint Under Section 498A: Andhra Pradesh High Court
The Andhra Pradesh High Court has ruled that a trans woman in a heterosexual marriage has the legal right to file a complaint under Section 498A of the Indian Penal Code (IPC) for cruelty by her husband or his relatives.
The court rejected the petitioners’ argument that a trans woman cannot be considered a “woman” under the law solely because she cannot biologically reproduce, calling it discriminatory and unconstitutional.
Citing the Supreme Court’s Supriyo judgment, the court affirmed queer couples' rights. However, it quashed the case against the accused due to a lack of evidence of cruelty. (Viswanathan Krishna Murthy V The State of Andhra Pradesh & Anr.)
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