JAMIL AHAMMED Vs. RUBEENA

JUDGEMENT

(1.) This revision petition is filed by the petitioner/husband under Sec. 115 of the Code of Civil Procedure 1908, (for short, hereinafter referred to as 'CPC') challenging the order on I.A.No.3 dtd. 1/2/2022 on the file of the learned Principal Judge, Family Court, Bagalkot, wherein the Family Court, has rejected I.A.No.3 filed by the present petitioner under Order 7 Rule 11(a) R/w Sec. 151 of CPC seeking rejection of the plaint.

(2.) The brief factual matrix leading to the case are that the plaintiff is the legally wedded wife of the defendant/petitioner herein and she is working as a lecturer in the Government Collage, Bagalkot. Their marriage was performed as per the custom prevailing in Mohammedan community. The wife further asserted that the husband has subjected her to ill-treatment and subsequently deserted her. She also asserts that he has issued Talaq-E-Hasan notices to her and the second notice was received during the period of menstruation, which is not permissible under the Mohammedan law. Hence, she has filed a suit before the Family Court for Restitution of the Conjugal Rights.

(3.) The defendant/husband has appeared and filed his written statement disputing the claim and further specifically asserted that he has issued three notices of Talaq to the respondent/wife which are served on her and hence, the marriage itself is deemed to have been dissolved. Hence, his contention is that the suit itself is not maintainable and he has also filed a counter claim under Order VIII Rule 6(A) of CPC along with written statement for dismissal of the suit of the plaintiff/wife and also sought a declaration that plaintiff is his divorced wife.