Muslim male members do not have a statutory remedy for matrimonial issues.

Headnote:
Muslim male members do not have a statutory remedy for filing a petition before the Family Court for restoration of conjugal rights. The Family Court Act is not applicable to Muslims. The Muslim Women (Protection of Rights on Marriage) Act, 2019 is applicable only to Muslim women. The court relied on a previous case where a similar suit was filed and transferred to the Principal District Judge.
Fact of the Case:
The plaintiff filed a suit seeking a mandatory injunction to restore conjugal rights. The court returned the plaint for filing it before the Family Court. The plaintiff filed a Civil Revision Petition challenging this order.
Finding of the Court:
The petitioner argued that Muslim male members do not have a statutory remedy for filing a petition before the Family Court for restoration of conjugal rights. The court acknowledged that the Family Court Act is not applicable to Muslims. The petitioner relied on a previous case where a similar suit was filed and transferred to the Principal District Judge. The court concluded that the suit should be taken on file to enable the petitioner to get the relief sought.
Ratio Decidendi: The court held that the suit should be taken on file to provide a remedy for the petitioner, as Muslim male members do not have a statutory remedy for matrimonial issues.
Result: The Civil Revision Petition is allowed, and the order of the Principal District Munsif is set aside. The Principal District Munsif is directed to take the suit on file and number the plaint if it is otherwise in order. No costs.

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points:

The case involves a Muslim male plaintiff seeking a mandatory injunction to restore conjugal rights from his wife (!) (!) .
The plaintiff filed a suit before the Principal District Munsif, which was returned for being filed before the Family Court, as the court held that the Family Court Act is not applicable to Muslims and that Muslim males do not have a statutory remedy for matrimonial issues such as restoration of conjugal rights (!) (!) .
The plaintiff challenged this order through a Civil Revision Petition under Article 227 of the Constitution of India, arguing that Muslim male members lack a statutory remedy for such matrimonial relief and that similar suits have been filed and transferred in other courts (!) (!) (!) .
The court acknowledged that the Family Court Act does not apply to Muslims and that the Muslim Women (Protection of Rights on Marriage) Act, 2019, is only applicable to Muslim women (!) .
The court held that, in order to provide a remedy to the Muslim male plaintiff, the suit should be taken on file despite the general statutory limitations, and therefore, the Civil Revision Petition was allowed, setting aside the previous order and directing the Principal District Munsif to take the suit on file and proceed accordingly (!) (!) .
The judgment emphasizes that, for Muslim males, there is no statutory remedy under existing laws for matrimonial issues such as restoration of conjugal rights, and the court has exercised its jurisdiction to enable the plaintiff to seek relief through the civil suit (!) .

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JUDGMENT

(Prayer:- Civil Revision Petition is filed under Article 227 of the Constitution of India, pleased to set aside the docket order dated 29.03.2022 made in O.S.Sr. No.1083 of 2022 on the file of the Principal District Munsif at Alandur, set aside the same and to number the plaint, by allowing the Civil Revision Petition.)

This Civil Revision Petition has been preferred challenging the docket order dated 29.03.2022 made in O.S.Sr. No.1083 of 2022 on the file of the Principal District Munsif at Alandur to set aside the same and to number the plaint.

2. The revision petitioner is the plaintiff, who filed the suit before the learned Principal District Munsif, Alandur, seeking a relief of mandatory injunction, directing the defendant to restore the conjugal rights. The learned Principal District Munsif, Alandur returned the plaint for filing it before the Family Court. Aggrieved over that, the plaintiff has filed this Civil Revision Petition.

3. Learned counsel for the petitioner submitted that the Muslim male members do not have any statutory remedy for filing a petition before the Family Court for restoration of conjugal rights. The Family Court Act is not applicable to the Muslims. Muslim Women (Protection of Rights on Marriage) Act, 2019 is applicable only to the Muslim women. The plaintiff, who is a male and who professes Muslim Religion does not have any statutory remedy for matrimonial issues. Hence, he has filed a suit for mandatory Injunction to direct his wife to restore his conjugal rights.

4. Learned counsel for the petitioner submitted that similar suits have been filed in the earlier occasions at various Courts. He also referred one such instance, where a suit was filed before the learned District Munsif, Panruti in O.S.No.218 of 2016 and then transferred as per the order of this Court in Tr.C.M.P.No.357 of 2018 dated 11.07.2018 to the file of the learned Principal District Judge, Chengalpattu and renumbered as O.S.No.279 of 2018.

5. In view of the above, this Court is of the opinion that in order to enable the revision petitioner to get the relief as sought by him, the suit has to be taken on file. 6. In the result, this Civil Revision Petition stands allowed and the order of the learned Principal District Munsif, Alandur made in O.S.Sr. No.1083 of 2022 dated 29.03.2022 is hereby set aside and the learned Principal District Munsif, Alandur is directed to take the suit of the plaintiff on file and number the plaint if it is otherwise in order. No costs.

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