RABIYA R.A Vs. STATE OF KERALA

JUDGEMENT

(1.) The short point on which the Crl.revision is laid is on the question of territorial jurisdiction of a Magistrate, in considering the applications under the Muslim Women(Protection of Rights on Divorce) Act, 1986.

(2.) The petitioner herein moved the court below in MC No.17/2017 seeking relief under section 3 of the Muslim Women(Protection of Rights on Divorce) Act, before the jurisdictional Magistrate Court at Kalamassery, Ernakulam. After appearance of the respondent, he raised objection, contending that the court at Kalamassery did not have territorial jurisdiction to consider the application. It was contended that, the petitioner and the respondent resided together as husband and wife and begot a child when they were residing at Kalamassery. The respondent had issued talaq notice from Kalamassery, wherein the second respondent herein was residing. Though the petitioner herein was presently residing at her father's house at Peringala , the petitioner some times resides at Nettoor to look after her aged grandparents.

(3.) Negativing the above contentions, the learned Magistrate by order in CMP No. 2464/2017 allowed the application filed by the second respondent herein raising objection regarding the territorial jurisdiction to entertain the application and returned MC No.17/2017, for presentation before the proper court. It was held that, the Magistrate, as contemplated under section 2 (c) of the Act, means a Magistrate within whose jurisdiction divorced woman resides. Hence, the court below concluded that the petition under section 3 of the Act can only be filed before the Magistrate within whose jurisdiction the divorced woman resides at present. It was held that even admittedly the petitioner herein was residing beyond the jurisdiction of Kalamassery and hence the Magistrate at Kalamassery did not have territorial jurisdiction to entertain application.