SHIYAS Vs. STATE OF KERALA

JUDGEMENT

(1.) 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 5/11/2018, subsequently, by Talaq letters sent on 4/11/2019, 31/12/2019 and 2/3/2020, petitioner dissolved the marriage. In the meantime, the second respondent preferred an application under Sec. 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 under the Act and hence, the application ought to be quashed.