ABDUL AZEEZ Vs. PATHUMMA BI

JUDGEMENT

(1.) The point that arises for consideration in this civil revision petition is whether the plaintiff, who is a minor under the Indian Majority Act but who is a major according to her personal law, is entitled to bring a suit for dissolution of her marriage without a next friend. The learned District Munsif of Ottapalam, who heard the petition of the defendant filed under Order 32 Rule 1 of the Civil Procedure Code praying that the suit O. S. No. 496 of 1950 on the file of the said Court should be dismissed on the ground that the plaintiff therein being a minor was not entitled to bring the suit without the next friend, dismissed the same following the decisions in 'Ahmed Sulaiman v. Mt. Bai Fatma', AIR 1931 Bom 76, 'Nakase-Tan Bibi v. Habibar Rahiman', AIR 1948 Cal 66 and Khatom bi v. Abdullatin', 4 Cal 78 (sic) and holding that the plaintiff was competent to sue for dissolution of her marriage without a next friend and that the suit as framed was maintainable. The defendant has preferred this civil revision petition against the said decision of the learned District Munsif of Ottapalam.

(2.) Mr. C. S. Swaminatha Aiyar appearing for the petitioner has Invited my attention to the decision in Ithayi Umah v. Kairhirapokoil, 3 Mad 248, a Bench decision wherein it has been held that:

(3.) This decision has been followed in 'Abidhunnissa Bibi v. Muhammad Fathi Uddin', 41 Mad 1026. This again is a Bench decision and in that decision it has been held that: