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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B. Balaji, J
Azmatullah Shaik – Appellant
Versus
Shaik Shabira Begum – Respondent
| Table of Content |
|---|
| 1. validity of marriage questioned due to previous marriage. (Para 2 , 3 , 4) |
| 2. kazi's authority to dissolve marriage under scrutiny. (Para 6 , 9) |
| 3. petitioner's admission complicates dismissal of complaint. (Para 11 , 12) |
| 4. trial to determine the validity of claims. (Para 14) |
ORDER
Heard Mr.J.Nandagopal, learned counsel for the petitioner and Mr.
Venkatesan, learned counsel for the respondent.
2.The petitioner is the husband who is facing proceedings in DVC.No.38/2023 before the VIII Metropolitan Magistrate, Chennai. The present revision has been filed seeking to strike off the said domestic violence complaint.
3.Mr.J.Nandagopal, learned counsel for the petitioner submits that there is no subsisting legally valid marriage between the parties, in view of the fact that the respondent even in her complaint to the Domestic Protection Officer has admitted to the fact that the respondent was earlier married to one Shaik Khader Masthan and that there is no valid dissolution of the said marriage.
4. In view of the said admission made by the respondent, Mr.J.Nandagopal, learned counsel for the petitioner states that there is a bar under Section 2 56 of the Principles of Mohomed
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