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1992 Supreme(Ker) 373

K.SREEDHARAN, L.MANOHARAN
Edavalath Avaran Koya – Appellant
Versus
Kunnoth Mariyam – Respondent


Judgment :-

SREEDHARAN, J.

Counter petitioner in M.C. 196/1991 on the file of the Judicial First Class Magistrate's Court, Nadapuram is the petitioner. That petition was filed by respondent herein invoking the provisions of S. 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986, hereinafter referred to as "the 1986 Act," claiming maintenance and reasonable and fair provision under the Act. She filed that petition on the allegation that she is residing within the territorial jurisdiction of that Court. Petitioner herein, who was the former husband, disputed the competence of that Court to take cognizance of the petitioner on the ground that the divorced woman has no residence within its territorial limits. By Annexure-E order dated 19-10-1992, the learned Magistrate took the view that petitioner before him resides in her maternal house, which is situated within its territorial limits and hence competent to entertain the petition. That order is under challenge.

2. In the petition filed before this Court, the former husband took up an additional ground that after the establishment of the Family Court in Kozhikode, that Court alone has the jurisdiction to entertain and co
































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