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1992 Supreme(All) 33

N.N.MITHAL, SHOBHA DIKSHIT
AMJUM HASAN SIDDIQUI – Appellant
Versus
SALMA B. – Respondent


Advocates Appeared:
DIVAKAR SINGH, Prem Prakash Gandhi, Y.S.SAXENA


N. N. MITHAL, J.

( 1 ) AN order passed by the Family Court repelling the appellants plea regarding lack of Family Courts jurisdiction to decide respondents application under S. 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986 (1986 Act hereafter) is under challenge in this appeal. The appellant (husband) before us has urged that such an application was not entertainable by the Family Court and the impugned order was illegal for want of jurisdiction. This submission is countered by the respondent on the plea that the Family Court had jurisdiction in the matter under S. 7 thereof.

( 2 ) WE have considered the rival submission and we are of the view that the contention of the appellant must prevail.

( 3 ) ADMITTEDLY the proceedings have been initiated on an application captioned under S. 3 of the 1986 Act. It is true that mere caption cannot be conclusive of the latter and substance of the applications is more material and important. The allegations made in the application are that the parties were married on 4-10-83 and the appellant had divorced her on 25-2-91 but she had neither been paid the dower money nor the articles given to her on the occasion of her marriage













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