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IN THE HIGH COURT OF KERALA AT ERNAKULAM
G. GIRISH, J
SABIR N.S – Appellant
Versus
SAJANA ASEEM – Respondent
| Table of Content |
|---|
| 1. maintainability of new proceedings. (Para 1 , 2) |
| 2. court confirms distinct legal rights. (Para 3 , 4) |
| 3. conclusion of dismissal of crl.m.c. (Para 5) |
ORDER
The respondent in M.C No.31/2024 on the files of the Judicial First Class Magistrate Court-II, Aluva has filed this petition under Section 528 Bharatiya Nagarik Suraksha Sanhita , 2023 challenging the maintainability of the aforesaid M.C instituted against him under the provisions of Section 3 of the Muslim Women (Protection of Rights on Divorce) Act , 1986.
2. According to the petitioner, the aforesaid proceedings are not maintainable since the aggrieved person had earlier instituted M.C No.29/2020 under the provisions of the Protection of Women from Domestic Violence Act , 2005 seeking the reliefs of maintenance, residence, return of gold ornaments etc.
3. The challenge raised by the petitioner against the maintainability of M.C No.31/2024 was found against by the learned Magistrate as per order dated 27.06.2025 in C.M.P No.2117/2024.
4. After it was made clear by this Court at the time of arguments that there is absolutely no bar in instituting proceedings under Section 3 of the Muslim Women (Protection of
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