ASBI K.N. Vs. HASHIM M.U.

JUDGEMENT

(1.) The scope and nature of enquiry to be undertaken by the Family Court in a petition filed u/s 7(d) of the Family Courts Act, 1984 (for short, 'the Act') to endorse an extrajudicial divorce under the Muslim Personal Law and to declare the marital status of the parties to the marriage has arisen for consideration in this original petition.

(2.) The petitioner was the wife of the respondent. The parties are Muslims. Their marriage was solemnized on 04/05/2015. A girl child was born in the wedlock on 10/2/2018. The respondent divorced the petitioner by pronouncing talaq. The pleadings would show the pronouncement of talaq was in accordance with Muslim Personal Law. The third pronouncement was made on 28/12/2019. It was communicated to the petitioner by registered post. The petitioner disputed the legal validity of the pronouncement of talaq and filed OP No. 913/2019 at the Family Court, Muvattupuzha (for short, 'the Court below') for restitution of conjugal rights. Thereafter the respondent filed original petition at the Court below as OP No. 387/2021 to declare the marital status of the petitioner and the respondent on the ground that the marriage has been dissolved by pronouncement of talaq. The petitioner appeared at the Court below on 13/9/2021. The court below adjourned the original petition to 10/11/2021. The respondent filed IA No. 6/2021 to advance hear the case and it was advanced to 25/9/2021. On that day, the case was adjourned for cross-examination to 28/9/2021 and it was taken for judgment to 30/9/2021. It was at that juncture the petitioner preferred the above original petition contending that she was not given proper opportunity by the Court below to contest the original petition on merits.

(3.) We have heard Sri. C. Dilip, the learned counsel for the petitioner and the Sri. Alexander Joseph, the learned counsel for the respondent.