AMIRSHAH KADIRSHAH Vs. SALIMABI AMRISHAH

JUDGEMENT

(1.) HEARD Shri. Kaplan, learned Counsel for the applicants. None appears for the non-applicant, though served.

(2.) THE Civil revision application is directed against the order dated 1-12-1999 passed by the Civil Judge, Senior Division, daryapur whereby application filed by the applicants under Section 9 of Code of Civil procedure for dismissal of the suit for want of jurisdiction came to be dismissed.

(3.) SHRI. Kaptan, learned Counsel for the applicants, submitted that applicant no. 1 was married to non-applicant. However, marriage was dissolved by divorce on 17-8-1998. The non-applicant filed Regular Civil suit No. 36/998 for return of articles of Dahej. The applicants filed an application under section 9 of Code of Civil Procedure for dismissal of the suit for want of jurisdiction of the Civil Court in view of provisions of Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986. The trial Court dismissed the said application vide impugned order dated 1-12-1999. Hence, the present civil revision application.