Dismissed

Vijaya Baskar Alais M.Vasil Ahamed v. J.Aneesh Sharmila

Madras HC8 Sept 2023CRP(MD)/2029/2019

Case brief

AI extract

What is this about?

In a Civil Revision Petition filed under Article 227, the court examined jurisdiction issues regarding the Family Courts Act and dissenting laws. Finding no merit in striking off the plaint, the court declined to pass orders regarding transfer to the Family Court but allowed the petitioner to move the concerned court.

What did the court decide?

None granted; petitioner to move application before the concerned court.

Vijaya Baskar Alais M.Vasil Ahamed Vs J.Aneesh Sharmila — Matrimonial and Divorce | Madras HC (2023)

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C.R.P.(MD)No.2029 of 2019

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 08.09.2023

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CORAM:

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THE HONOURABLE MR.JUSTICE C.KUMARAPPAN

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C.R.P.(MD)No.2029 of 2019 and C.M.P.(MD)No.10422 of 2019

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Vijaya Baskar @ M.Vail Ahamed Rep. his Power Agent through Vellaiathal ... Petitioner/ Defendant

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Vs.

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J.Aneesh Sharmila ... Respondent / Plaintiff

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Prayer: This Civil Revision Petition is filed under Article 227 of the Constitution of India, to struck off the plaint in O.S.No.327 of 2016 on the file of the Principal District Munsif, Karur (now re-numbered as O.S.No.86 of 2019 on the file of the District Munsif cum Judicial Magistrate, Aravakurichi, Karur District).

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For Petitioner : Mr.A.P.Muthupandian

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For Respondent : Mr.R.Sundar

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ORDER

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The instant Civil Revision Petition has been filed to struck off

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the plaint in O.S.No.327 of 2016 on the file of the Principal District Munsif, Karur (now re-numbered as O.S.No.86 of 2019 on the file of the District Munsif cum Judicial Magistrate, Aravakurichi, Karur District).

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C.R.P.(MD)No.2029 of 2019

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The revision petitioner is the defendant and the respondent herein is the plaintiff before the Court below.

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The main ground urged by the learned counsel for the revision petitioner is that according to Section 7 of the Family Courts Act, the Subordinate Judge and District Court are only the competent Court having jurisdiction to try the case relating to the Family Court Act. It is also the submission of the learned counsel for the revision petitioner that the Muslim Women (Protection of Rights of Divorce) Act, 1986, Kazis Act, 1880, which are not factually or legally gone through by the learned Principal Munsif Court. Therefore, on the above ground, the learned counsel prayed to struck off the plaint.

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However, the learned counsel for the respondent would fairly concede that under the Dissolution of Muslim Marriage Act, there is no specific reference about the Courts in which the application is to be filed.

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C.R.P.(MD)No.2029 of 2019

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Therefore, this Court could not find any merit in the instant Civil Revision Petition. However, during the course of arguments, the learned counsel invite the attention of this Court in respect of G.O. (Ms)No.314, dated 27.06.2023, and according to the said Government Order, the jurisdiction of the Family Court at Karur was extended to the entire District of Karur. Therefore, would submit that both the cases may be directed to be transferred to the Family Court, Karur. However, this Court do not want to pass any orders in this petition. And the revision petitioner is at liberty to move application before the concern Court.

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In the result, the instant Civil Revision Petition stands

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dismissed. There shall be no order as to cost. Consequently, connected Miscellaneous Petition is closed.

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08.09.2023

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NCC : Yes/No Index :Yes/No Ls

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C.R.P.(MD)No.2029 of 2019

C.KUMARAPPAN.,J.

1.The Principal District Munsif, Karur. 2.The District Munsif cum Judicial Magistrate, Aravakurichi, Karur District 3.The Section Officer, VR Section, Madurai Bench of Madras High Court, Madurai.

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Order made in C.R.P(MD)No.2029 of 2019

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08.09.2023

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Vijaya Baskar Alais M.Vasil Ahamed v. J.Aneesh Sharmila

Case brief

What is this about?

What did the court decide?

Vijaya Baskar Alais M.Vasil Ahamed v. J.Aneesh Sharmila

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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