Kerala High Court
Shiyas S vs State Of Kerala on 1 August, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
WP(CRL.) NO. 276 OF 2022 1 2024:KER:59084
C.R
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 1ST DAY OF AUGUST 2024 / 10TH SRAVANA, 1946
WP(CRL.) NO. 276 OF 2022
AGAINST THE ORDER/JUDGMENT DATED IN MC NO.5 OF 2022 OF
GRAMA NYAYALAYA, VELLANADU, THIRUVANANTHAPURAM.
PETITIONER:
SHIYAS S
AGED 29 YEARS
SAJIN MANZIL, MARUTHARATHALAVILA, PRAVACHAMBALAM,
NEMOM P.O, THIRUVANANTHAPURAM., PIN - 695020
BY ADVS.
S.SUNIL MAURYAN
G.N.NISHA NAIR
RESPONDENTS:
1 STATE OF KERALA
HIGH COURT OF KERALA
ERNAKULAM, PIN - 682031
2 NIMA NISHAR
AGED 24 YEARS
NIMAZ MANZIL, ALAMUKKU, NEAR MASJID, POOVACHAL
P.O, THIRUVANANTHAPURAM., PIN - 695575
ADDL.R3 THE SECRETARY
MINISTRY OF LAW AND JUSTICE, GOVERNMENT OF INDIA
ADDL.R4 THE REGISTRAR GENERAL
HIGH COURT OF KERALA, ERNAKULAM. ARE SUO MOTU
IMPLEADED AS ADDL. R3 & R4 VIDE ORDER DATED
25/03/2022 IN WP(CRL) 276/2022.
BY ADVS.
PUBLIC PROSECUTOR
S.NIKHIL SANKAR
B.G.HARINDRANATH
SUVIN R MENON
AMITH KRISHNAN H
WP(CRL.) NO. 276 OF 2022 2 2024:KER:59084
OTHER PRESENT:
SRI. NOUSHAD K. A. (PP)
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION
ON 01.08.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(CRL.) NO. 276 OF 2022 3 2024:KER:59084
C.R
BECHU KURIAN THOMAS,J
---------------------
W.P.(CRL) No.276 of 2022
---------------------------
Dated this the 01st day of August, 2024
JUDGMENT
Petitioner seeks the issuance of a writ of certiorari
to quash Ext.P1 application filed in M.C.No.5/2022 before
the Gram Nyayalaya, Vellanad, Thiruvananthapuram.
2. Petitioner is the former husband of the second
respondent. Though their marriage was solemnised on
05.11.2018, subsequently, by Talaq letters sent on
04.11.2019, 31.12.2019 and 02.03.2020, petitioner
dissolved the marriage. In the meantime, the second
respondent preferred an application under Section 3 of the
Muslim Women (Protection of Rights on Divorce) Act, 1986
(for short "the Act"), a copy of which is produced as Ext. P1.
After receipt of notice in the said application, petitioner has
approached this Court questioning the jurisdiction of the
Gram Nyayalaya to deal with an application under the Act.
3. According to the petitioner, the Gram Nyayalayas
Act, 2008 (for short "the GN Act") does not confer
jurisdiction upon the Gram Nyayalaya to consider a claim
WP(CRL.) NO. 276 OF 2022 4 2024:KER:59084
under the Act and hence, the application ought to be
quashed.
4. I have heard Sri. S. Sunil Mauryan, the learned
counsel for the petitioner, Sri.Nikhil Sankar, the learned
counsel for the second respondent, and Sri.Noushad K. A,
the learned Public Prosecutor.
5. The question relates to the jurisdiction of the
Gram Nyayalaya to deal with an application under the
Muslim Women (Protection of Rights on Divorce) Act, 1986
As per the provisions of the said Act, an application under
Section 3 has to be preferred before the Judicial First Class
Magistrate Court. Instead of filing an application before the
Magistrate, the second respondent filed Ext.P1 application
before the Gram Nyayalaya.
6. Section 11 of the GN Act states that
"Notwithstanding anything contained in the Code of
Criminal Procedure, 1973 (2 of 1974) or the Code of Civil
Procedure, 1908 (5 of 1908) or any other law for the time
being in force, the Gram Nyayalaya shall exercise both civil
and criminal jurisdiction in the manner and to the extent
provided under this Act." (emphasis supplied). Section 12 of
WP(CRL.) NO. 276 OF 2022 5 2024:KER:59084
the GN Act dealing with criminal jurisdiction of the Gram
Nyayalaya assumes significance and it reads as follows:-
"12. Criminal jurisdiction.-- (1) Notwithstanding
anything contained in the Code of Criminal Procedure, 1973
(2 of 1974) or any other law for the time being in force, the
Gram Nyayalaya may take cognizance of an offence on a
complaint or on a police report and shall--
(a) try all offences specified in Part I of the First
Schedule; and
(b) try all offences and grant relief, if any, specified
under the enactments included in Part II of that Schedule.
(2) Without prejudice to the provisions of sub-
section (1), the Gram Nyayalaya shall also try all such
offences or grant such relief under the State Acts which
may be notified by the State Government under sub-section
(3) of section 14."
7. In view of Section 12 of the GN Act, the
jurisdiction of the Gram Nyayalaya is to try all offences
specified in Part 1 of the First Schedule. A reading of the
First Schedule to the said Act indicates that an application
under the Act is not included therein though an application
WP(CRL.) NO. 276 OF 2022 6 2024:KER:59084
for an order of maintenance filed under the Cr.PC is
specifically mentioned in the schedule. In the absence of
inclusion of petitions filed under the Act in the Schedule to
the GN Act, no elaborate discussion is required to conclude
that the Grama Nyayalaya, as a court of exclusive
jurisdiction is not entitled to deal with applications under
the Act. Therefore, the application filed by the second
respondent as Ext.P1 has been filed before the wrong
forum.
8. Though the petitioner has sought for quashing of
Ext.P1 application, it is evident that no grounds have been
raised for such a relief. The contention advanced on the
basis of the wrong forum, can only result in the return of
the application to be presented before the proper forum.
9. Since it has already been held that the Gram
Nyayalaya does not possess the jurisdiction to deal with an
application under Section 3 of the Act, it is necessary that
Ext.P1 application be directed to be returned to the
petitioner to be presented before the proper forum within a
time frame, in accordance with the law.
10. Accordingly, this writ petition is disposed of,
WP(CRL.) NO. 276 OF 2022 7 2024:KER:59084
directing the Gram Nyayalaya, Vellanad,
Thiruvananthapuram to return the application filed in MC
No.5/2022 to the second respondent for presentation before
the proper forum in a time-bound manner and at the
earliest.
The writ petition is disposed of as above.
Sd/-
BECHU KURIAN THOMAS
JUDGE
bng
WP(CRL.) NO. 276 OF 2022 8 2024:KER:59084
APPENDIX OF WP(CRL.) 276/2022
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE APPLICATION DATED 28-
JAN-2022 FILED BY RESPONDENT NO.2 UNDER
SECTION 3 OF THE MUSLIM WOMEN
(PROTECTION OF RIGHTS ON DIVORCE
ACT,)1986 BEFORE THE HON'BLE GRAM
NYAYALAYA, VELLANAMD,
THIRUVANANTHAPURAM DISTRICT
EXHIBIT P2 TRUE COPY OF THE NOTICE DATED 03-FEB-
2022 IN M.C.NO.56 OF 2022 ISSUED TO THE
PETITIONER BY HON'BLE HON'BLE GRAM
NYAYALAYA, VELLANAMD,
THIRUVANANTHAPURAM DISTRICT
