Mr.S.Farooq Jeelani vs Mrs. Ashad Rahim Sanaullah
2023 Latest Caselaw 1960 Mad

Citation : 2023 Latest Caselaw 1960 Mad
Judgement Date : 7 March, 2023

Madras High Court

Mr.S.Farooq Jeelani vs Mrs. Ashad Rahim Sanaullah on 7 March, 2023

                                                                                    C.R.P. No. 363 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED : 07.03.2023

                                                              CORAM

                              THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI

                                                      C.R.P.No. 363 of 2023

                     Mr.S.Farooq Jeelani,
                     rep. by his Power of Attorney
                      Mr.Sanaullah S.                                           ... Petitioner

                                                                Vs

                     Mrs. Ashad Rahim Sanaullah                                 ... Respondent


                     PRAYER : Civil Revision Petition filed under Art. 227 of Constitution of

                     India, praying to set aside the return order dated 27.01.2023 made in

                     O.S.SR. No. 10244 of 2022 on the file of the Principal District Munsif at

                     Alandur, set aside the same and to number the plaint by allowing the Civil

                     Revision Petition.

                                     For Petitioner       :     Mr.S.Ruban Prabhu




                     1/7


https://www.mhc.tn.gov.in/judis
                                                                                     C.R.P. No. 363 of 2023



                                                           ORDER

Challenging the impugned order of return of plaint dated 27.01.2023

passed by the learned Principal District Munsif, Alandur in unnumbered suit

in O.S.SR. No. 10244 of 2022, the Revision Petitioner preferred this Civil

Revision Petition.

2. The Revision Petitioner herein is the plaintiff, who filed a suit

seeking to pass a decree and judgment to declare the talaq pronounced by

the plaintiff for 3 times on 28.04.2022, 09.05.2022 and 01.07.2022

respectively passed as per Mohammedan law and Shariath and valid as per

law and dissolve the marriage held between the plaintiff and the defendant

on 05.02.2004 as per Muslim rites and customs at Adambakkam, Chennai.

When the suit was proceeded before the trial court, before numbering the

suit, the trial judge returned the plaint stating that whether the trial court is

having territorial jurisdiction to entertain the suit. The said return was

complied by the plaintiff through his counsel stating that the trial court

alone is having jurisdiction for the reasons stated as follows :-

https://www.mhc.tn.gov.in/judis C.R.P. No. 363 of 2023

“It is submitted that for a Muslim husband, there is no substantive law for getting a declaration as sought for in the plaint. His only remedy is to file a declaration by way of suit. Sine the relief of declaration claimed herein is an intangible right that can be claimed only under Sec.25(3) of TNCF Act. As value of the relief under Sec.25(3) is only a sum of Rs.5000/-, the same will lie before the District Munsif Court i.e. this Hon'ble Court.

It is further submitted that the plaint is not filed under the provisions of Family Courts Act. That apart, though this Hon'ble Court comes under the Administrative control of the learned Principal District Judge at Chengalpattu, there is no family court for Alandur area and the jurisdiction of the Family Court at Chengalpattu is meant only for Chengalpattu Town and Taluk. Moreover, the Alandur area does not come under the jurisdiction of Chennai Family Court. As such, the present case, which is pertaining to Alandur area cannot be filed either before Family Court at Chennai or before the Family Court at Chengalpattu. There is no Family Court for all areas in Tamil Nadu. Hence, there is no other option for the plaintiff herein except to file the present suit before this Hon'ble Court. Hence, this Court is the proper Court for the present suit.”

https://www.mhc.tn.gov.in/judis C.R.P. No. 363 of 2023

But, the trial judge returned the plaint stating that the Family Court alone is

having jurisdiction to entertain the said matter and hence, the trial judge

directed him to file a suit before the Family Court, which is having

jurisdiction. Admittedly, Sec.7 of Family Courts Act, 1984 reads as

follows:-

“7. Jurisdiction – (1) Subject to the other provisions of this Act, a Family Court shall ---

.......(b), be deemed, for the purposes of exercising such jurisdiction under such law, to be a district court or, as the case may be, such subordinate civil court for the area to which the jurisdiction of the Family Court extends.

Explanation – The suits and proceedings referred to in this sub-section are suits and proceedings of the following nature, namely :-

(a) a suit or proceeding between the parties to a marriage for a decree of nullity of marriage (declaring the marriage to be null and void or, as the case may be, annulling the marriage), or restitution of conjugal rights or judicial separation or dissolution of marriage'.....”

As per Sec.7(1)(b) of the Act, if there is a Family Court, suit filed by the

https://www.mhc.tn.gov.in/judis C.R.P. No. 363 of 2023

plaintiff can be entertained, but when there is no Family Court, Munsif

Court alone is having jurisdiction to try the said suit. Admittedly, as per the

jurisdiction with regard to the issue contained in the plaint, Alandur Court is

having jurisdiction, but the Alandur Court comes under the administrative

control of Principal District Judge at Chengalpattu, admittedly, there is no

Family Court for Alandur area, but the Family Court jurisdiction is not to be

extended and as per the jurisdictional area assigned to the Family Court

alone, it can be entertained. Thus, the Family Court, Chengalpattu is having

jurisdiction only with regard to Chengalpattu Town and Taluk. Furthermore,

as per the G.O. passed by the Government specified that the jurisdiction of

the said Family Court is extended to the local region of Chengalpattu Taluk

including of Chengalpattu Town. It is an admitted fact that Alandur is not

coming under the jurisdiction of Chengalpattu Taluk and not under the

Chengalpattu Town, neither at Chennai. So, the Family Court, Chennai is

also not having jurisdiction to decide the matter relating to Alandur. To that

effect, the territorial jurisdiction of Chennai was also produced. On perusal

of the same, it reveals that Alandur is not included with the jurisdiction of

the Family Court, Chennai. Therefore, the Family Court, Chennai is not

https://www.mhc.tn.gov.in/judis C.R.P. No. 363 of 2023

having jurisdiction as per the statutory jurisdiction under law. So, the return

made by the trial court is erroneous one and the same is liable to be set

aside. Accordingly, the return order dated 27.01.2023 made in

O.S.SR.No.10244 of 2022 is set aside and the trial court is directed to take

the plaint on file and number the same if it is otherwise found to be in order.