SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2022 Supreme(Mad) 2404

R. N. MANJULA
S. Farooq Jeelani represented by his Power of Attorney, S. Sanaullah – Appellant
Versus
Arshad Rahim Sanaullah – Respondent


Advocates appeared:
For the Petitioner:S. Ruban Prabu, Advocate.

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 (!) .

Please let me know if you need further analysis or assistance.


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

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top