Jaffer v. Thahira C.P.
Case brief
What is this about?
The High Court held that an application under Section 3 of the Muslim Women Act is not maintainable in civil court. The Original Petition was allowed and proceedings in M.C. No. 2 of 2015 were quashed, directing return to the appropriate court.
What did the court decide?
Proceedings in M.C. No. 2 of 2015 quashed; petition to return to respondent for filing in appropriate court.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
TUESDAY, THE 12TH DAY OF JANUARY 2016/22ND POUSHA, 1937
OP(C).No. 2737 of 2015 (O)
(AGAINST M.C.NO.2/2015 PENDING BEFORE THE SUB COURT, AMINI, LAKSHADWEEP)
PETITIONER:
JAFFER, AGED 33 YEARS S/O.AHAMMED, THILAKADIKAM HOUSE, AMINI, LAKSHADWEEP.
BY ADVS.SRI.LINDONS C.DAVIS
SMT.E.U.DHANYA
RESPONDENT:
THAHIRA C.P.
D/O.HASSINAR, CHERIYAPANDARAM HOUSE, AMINI LAKSHADWEEP.
Issues for consideration
2 issues framed by the court
Whether a petition under Section 3 of the Muslim Women (Protection of Rights on Divorce) Act is maintainable before a civil court.
Whether the order of the Sub Court allowed proceedings in the said petition should be quashed as it lacks jurisdiction.
Parties & counsel
- petitioner
Jaffer
- respondent
Thahira C.P.
Coram
K. Abrahama Mathew
Case details
As recorded by the court registry
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