MEHAK MOHD. TANVEER Vs. MOHAMMED TANVEER

JUDGEMENT

(1.) Heard learned counsel appearing for the Appellant and the learned counsel appearing for the Respondent.

(2.) By the impugned judgment and decree, the learned Judge of the Family Court has dismissed a Petition filed by the Appellantwife. The prayer made in the Petition filed by the Appellant is for dissolution of marriage by an order of confirmation of oral talaq dated 7th June, 2006. However, in the order dated 30th March,2009 passed by this Court in the present Appeal, a statement of the learned counsel appearing for the Appellant has been recorded that the Petition filed by the Appellant was covered by clause (b) of the Explanation to subsection (1) of section 7 of the Family Courts Act, 1984 ( for short "the said Act of 1984"). Clause (b) of the Explanation to subsection 1 of section 7 provides for filing a suit for declaration as to matrimonial status of any person. Thus, the Petition filed by the Appellant will have to be treated as a suit which is covered by the Explanation (b). It is a suit or proceedings for a declaration that the marriage between the Appellant and Respondent stands dissolved by the confirmation of an oral talaq in writing dated 7th June, 2006.

(3.) By the impugned decree, the Petition filed by the Appellant has been dismissed on two grounds. The first ground is lack of territorial jurisdiction. The second ground is of the bar of limitation.