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

2026 Supreme(Online)(Ker) 13190

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
SAFIA P.M. – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SMT.K.V.BHADRA KUMARI, SHRI.PRASHANT PADMANABHAN
For the Respondents: SHRI.B.J.JOHN PRAKASH, SHRI.P.PRAMEL, SHRI.SOORAJ M.S., SMT.VARSHA VIJAYAKUMAR NAIR, SMT.ANAGHA MADATH THEKKEPATTE, SMT.SONA A.B., SHRI.COLIN ALEX PP., SMT.ANIMA.M

ORDER

Dated : 25th February, 2026 The petitioner in M.C.4/2014 on the file of the Judicial Magistrate of First Class-II, Cherthala who is also the revision petitioner in Crl.R.P. 9/2020 on the file of the Additional Sessions Court-II, Alappuzha, filed this petition under Section 482 Cr.P.C, praying for setting aside Annexure-6 order passed by the Additional Sessions Judge-II, Alappuzha. The above M.C case was filed by the petitioner under Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986 (in short, the Act of 1986)

2. The learned Magistrate dismissed the claim under Section 3 of the Act of 1986, mainly on two grounds. The first ground is that the claim was barred under Article 137 of the Limitation Act. The other ground was that the petitioner had executed an agreement with her husband at the time of pronouncement of talaq, whereby she had relinquished all her rights in connection with the divorce. In Revision before the learned Sessions Judge, relying upon the decision of this Court in Hassainar v. Raziya , 1993 2 KLT 805, it was argued that the claim made after nine years of the dissolution of marriage is barred by limitation. However the learned Session

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