1Revision petitioner herein presented a plaint in the District Court Quilon. Ia the plaint, he sought a decree for restitution of conjugal rights against his wife, the respondent. He valued the suit at Rs. 1,000/- under S.50 of the Kerala court Fees and Suits Valuation Act. District Judge, by an order, returned the plaint for presentation ia the proper court. It is this order which is now challenged.

2It is unfortunate that very little care went into the preparation of the plaint. Heading of the plaint shows that it is a plaint filed under R.1 to 6 of O.7 of the Code of Civil Procedure (for short 'the Code') and
"S.381 of Mulla's Mohammedan Law". It is startling to see that Section or Para.281 in Mulla's Commentaries on Mohammedan Law has been elevated to the position of a provision of a statute. In the above paragraph, Mulla only explains that when a wife without lawful cause ceases to cohabit with her husband, the husband may sue the wife for restitution of conjugal rights. This only indicates that such a civil remedy is available to a husband governed by the Mohammedan Law.

3The right is founded on the principles of personal law governing the parties read in the light of S.9 of t