Mumbai, May 28: In a reprive to Bollywood star Sanjay Dutt, a sessions court today set side an order passed by a city magistrate asking the actor and his girlfriend Manyata to appear before him.

Hearing a case filed by Manyata, Additional Sessions Judge S N Sardesai said the issuance of process by the Bandra Metropolitan Magistrate is not legal.

The Bandra court had passed an order asking Dutt and Manyata to appear before it while hearing a case filed by Manyata's first husband Mehraj-ul-Rehman after reports of the duo's marriage appeared.

Rehman had claimed that Manyata's marriage with Dutt is not legal as she has not yet divorced him.

The Judge, however, observed that notices were sent to Mehraj about the divorce and thus Manyata "believed in good faith" that she was divorced.

"We had produced before the court the notices sent to Mehraj by the Qazi informing him about the divorce. Under the Muslim personal law, a wife does not require the consent of her husband and vice versa to divorce each other," advocate Rizwan Merchant appearing for Manyata said.

Manayata in her application had also stated that she and Dutt are not legally married as their marriage is nullified.

"Their marriage has no legal standing and thus no bigamy has been committed by Dutt or Manyata," Merchant added.

Mehraj now plans to appeal in the Bombay High Court challenging the sessions court order.

"The court has not considered our arguments about the credibility of the Qazi, who is a fraud," advocate Tasleem Khan, who appears for Mehraj said.