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2017 Supreme(Mad) 191

PUSHPA SATHYANARAYANA
Ameena Ali Akbar – Appellant
Versus
B. Ali Akbar – Respondent


Advocates Appeared:
For the Petitioner: Mr. M.N.S. Mohamed Habeeb Raja
For the Respondent: Mr. S. Parthasarathy for Mr. N. Kishore Kumar

ORDER :

The revision is filed by the wife in a matrimonial dispute.

2. The facts leading to filing of this revision petition would run thus:

(a) The revision petitioner, who is the wife, has filed the suit in O.S. No. 143 of 2014 before the II Additional Family Court, to declare herself as a wife of the respondent/defendant-husband as per Islamic Shariate matrimonial law and for directing the defendant to restitute the conjugal rights with the plaintiff and for other reliefs.

(ii) The respondent/defendant-husband has filed the written statement. The defendant had also filed I.A.No.1347 of 2015 under Order 7 Rule 11 of the Code of Civil Procedure for rejection of the plaint. A counter also has been filed for the same by the petitioner/wife.

(iii) Thereafter, the petitioner/wife had filed an application under Section 7 of the Family Courts Act, 1984 to record her preliminary objection that the Family Court lacks jurisdiction to entertain an application filed under Order 7 Rule 11 CPC as it is in violation of the Family Court Acts, 1984 and prayed for dismissal of I.A.No.1347 of 2015, as not maintainable.

(iv) Pending the above said applications, the petitioner/wife has filed this revision,


















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