Mantrapudi Lakshmi, vs Bankuru Venkata Naidu,
2022 Latest Caselaw 670 AP

     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

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.

                                         _________________________
                                         JUSTICE R.RAGHUNANDAN RAO

Date:         07.02.2022

BSM





    (2002) 2 SCC 637

THE HON'BLE SRI JUSTICE R.RAGHUNANDAN RAO

CIVIL REVISION PETITION No.182 of 2022

Date : 07.02.2022

BSM