LAWS(MAD)-2012-8-97

A V MEERAN MYDEEN Vs. A SHAHUL HAMEED

Decided On August 16, 2012
A V MEERAN MYDEEN Appellant
V/S
A SHAHUL HAMEED Respondents

JUDGEMENT

(1.) The respondents have filed a suit in OS. No. 637 of 2009 on the file of the Principal District Munsif, Nagercoil, for the following reliefs:

(2.) In view of the above said resolution, the Jamaath continued to collect Chantha or Vari from the plaintiffs and they continued to be members of the Jamaath. The extermination was also termed to be violation of human rights. By means of production of receipts, it is seen that the Jamaath collected Chantha or subscription from the plaintiffs. On 18.05.2007 the first plaintiff paid a sum of Rs. 1,00,000/- for construction of Manara i.e. a dome for the Jamaath building. The plaintiffs have produced as many as six such receipts to show that money was collected from them by the Jamaath.

(3.) Pending the trial of the case, the plaintiffs filed an application in I.A. No. 606 of 2012 requesting the Court to direct the third defendant to issue No Objection Certificate for the marriage of the daughter of the first plaintiff by name S. Bowsi with one B. Mohamed Hussain of Chennai. The marriage is scheduled to be celebrated in August, 2012. The petition was filed on 09.02.2012. In the affidavit, the petitioners have mentioned about the extermination and the recalling of the same by subsequent resolution by the Jamaath on assuming charge of the third respondent as the President of the Jamaath. It is also alleged that on his assumption as President of the Jamaath, he regularised the membership and properly managing and administering the affairs of the Jamaath and the membership of the plaintiffs were also regularised and subscription was also collected from them as resolved in the above said resolution. It is the practice among the muslim community to get No Objection Certificate from the Jamaath where the father of the spouse is member and now the No Objection Certificate is very much essential for the conduct of the marriage of the daughter of the first plaintiff.