1951 Supreme(Mad) 355
VENKATARAMA AYYAR, P.V.RAJAMANNAR
Abdul Azeez – Appellant
Versus
Pathumma Bi – Respondent
Advocates:
C.S. Swaminatha Ayyar for Petitioner.
B. Pocker and S.M. Mohideen for Respondent.
Basheer Ahmed Sayeed, J.-The point that arises for consideration in this Civil Revision Petition is whether the plaintiff, who is a minor under the Indian Majority Act but who is a major according to her personal law, is entitled to bring a suit for dissolution of her marriage without a next friend. The learned District Munsiff of Ottapalam, who heard the petition of the defendant filed under Order 32, rule 1 of the Civil Procedure Code praying that the suit O.S. No. 496 of 1950 on the file of the said Court should be dismissed on the ground that the plaintiff therein being a minor was not entitled to bring the suit without the next friend, dismissed the same following the decisions in Ahmad Sulaiman Vohra v. Mt. Bai Fatima1 Nakasetan Bibi v. Habibar Rahiman Mandal2, and holding that the plaintiff was competent to sue for dissolution of her marriage without a next friend and that the suit as framed was maintainable. The defendant has preferred this civil revision petition against the decision of the learned District Munsiff of Ottapalam.
Mr. C.S. Swaminatha Ayyar appearing for the petitioner has invited my attention to the decision in Ithayi Umah v. Kairhirapokil3, a Bench decision
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