THE HON'BLE SRI JUSTICE R.RAGHUNANDAN RAO
CIVIL REVISION PETITION No.182 of 2022
ORDER:-
The petitioner had filed a suit before the Principal
Junior Civil Judge cum- Judicial 1st Class Magistrate at Bobbili
seeking a declaration against the respondent that the marriage
between the petitioner and the respondent had been dissolved on 17.10.2002 by way of customary divorce prevalent in their caste. This suit was returned and, therefore, represented before the Senior Junior Civil Judge, Bobbili. The registry in the court of the Senior Civil Judge, returned the plaint bundle on 20.12.2019, setting out five objections for registering the suit.
2. The learned counsel for the petitioner represented the plaint bundle after complying with the objections. The bundle was returned on various occasions for further compliance. Out of the five objections raised on 20.12.2019, the Registry of the trial court had accepted that the first four objections had been complied with. Thereafter, the bundle has been returned for compliance of objection No.5 which reads as follows:
"As per Muslim Law, how this suit is maintainable at this court"
3. The plaint has been filed by the petitioner claiming that the marriage between the petitioner and the respondent was according to Hindu beliefs and caste customs of the petitioner and the respondent. In such a situation, objection No.5 is meaningless.
4. On a query raised by this court as to whether such a suit is maintainable, the learned counsel for the petitioner had placed a judgment of the Hon'ble Supreme Court in the case of 2 Yamanaji H. Jadhav Vs. Nirmala1. In this case, the Hon'ble Supreme Court had held that Hindu marriages could be dissolved by caste customs and accepted by the courts provided there is a pleading to that effect and there is a strong evidence placed before the court that such customary divorce are permissible under the caste customs of parties to such marriages.
5. In these circumstances, the trial court is directed to number the suit, without insisting on compliance of objection No.5 raised on 22.12.2019 and subject to compliance of any other objections that may be raised. Needless to say, this order shall not preclude the trial court from going into question of whether necessary pleadings and evidence relating to caste, customs are placed before the trial court and the same is sufficient for the purpose of the case.
6. Accordingly, the Civil Revision Petition is disposed of. There shall be no order as to costs.
Miscellaneous Petitions, if any pending, in this petition, shall stand closed.
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JUSTICE R.RAGHUNANDAN RAO
Date: 07.02.2022
BSM
1
(2002) 2 SCC 637
3
THE HON'BLE SRI JUSTICE R.RAGHUNANDAN RAO CIVIL REVISION PETITION No.182 of 2022 Date : 07.02.2022 BSM