MOHD. NADIM Vs. TALIYA FATIMA @ SHAMA PARVEEN

JUDGEMENT

(1.) PRESENT writ petition in question has been filed questioning the validity of the decision dated 19.1.2010 wherein orders have been passed on the objection moved on behalf of Petitioner that matter should be transferred to the Family Judge as Magistrate has no competence or jurisdiction to try the same.

(2.) BRIEF background of the case as is reflected that Smt. Taliya Fatima @ Shama Parveen has filed case No. 2230 of 2008 under Sections / of the Muslim Women (Protection of Rights on Divorce) Act, 1986. On presentation of the aforesaid case in question objection had been filed on behalf of Petitioner contending therein that proceedings before Magistrate were not at all competent and maintainable and matter should be transferred to Family Judge. Said application in question has been considered and rejected. At this juncture present writ petition has been filed. Pleadings inter se parties have been exchanged and thereafter present writ petition has been taken up for final hearing and disposal with the consent of the parties.

(3.) IN order to appreciate controversy which has been sought to be raised the provision of Sections , and of the Family Courts Act, 1984 are being looked into: