EDAVALATH AVARAN KOYA Vs. KUNNOTH MARIYAM

JUDGEMENT

(1.) Counter petitioner in M. C.196/1991 on the file of the Judicial First Class Magistrate's Court, Nadapuram is the petitioner. That petition was filed by respondent herein invoking the provisions of S.3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986, hereinafter referred to as "the 1986 Act", claiming maintenance and a reasonable and fair provision under the Act. She filed that petition on the allegation that she is residing within the territorial jurisdiction of that Court. Petitioner herein, who was the former husband, disputed the competence of that Court to take cognizance of the petition on the ground that the divorced woman has no residence within its territorial limits. By Annexure-E order dated 19-10-1992, the learned Magistrate took the view that petitioner before him resides in her maternal house, which is situated within its territorial limits and hence competent to entertain the petition. That order is under challenge.

(2.) In the petition filed before this Court, the former husband took up an additional ground that after the establishment of the Family Court in Kozhikode, that Court alone has the jurisdiction to entertain and continue the petition filed by the divorced woman.

(3.) When this petition came up for admission, a learned Single Judge opined that in view of the importance of the question involved, the petition should be posted for admission before a Division Bench. Consequently, it has come up before us. We directed notice on this petition on the divorced woman by special messenger and the Director General of Prosecution. Both appeared and extensive arguments were heard.