YASMIN KHAN Vs. SAMIULLAH KHAN

JUDGEMENT

(1.) The only legal question involved in this appeal is whether the Court of Addl. Distt. Judge, Bhopal who tried the suit for divorce filed by a muslim wife against her husband, and the suit was tried from inception till completion of evidence by the both parties and the matter was fixed for final argument, was not a proper trial and the plaint could be ordered to be returned for presentation in the proper civil Court of lowest jurisdiction in the district i.e. Civil Judge, Class II, as was ultimately directed by the order of the learned Distt. Judge, on objection taken by the husband/respondent at the stage when the case was fixed for final arguments.

(2.) It may be noticed that the civil suit for seeking divorce by the appellant against the husband was filed. The case was filed before the III Addl. Distt. Judge, Bhopal as distribution memo prepared by the Distt. Judge in March, 94 under provisions of S. 15 of the M.P. Civil Courts Act, 1958, directed, under item No. 4, that all suits or proceedings between the parties to a marriage for a decree of nullity of marriage or restitution of conjugal rights or judicial separation or dissolution of marriage shall be filed before Shri Gulab Sharma III Addl. Judge to the Court of Distt. Judge, Bhopal. This suit had been filed on 21-10-94 as per this distribution memo. Notice was issued to the defendant who contested on written statement and evidence was led by both the sides and the case reached the final stage for hearing the arguments. Till that time no objection was taken that the jurisdiction was improper and that the suit should have been filed before Civil Judge, Class II or in the Court of lower jurisdiction than that of Addl. Distt. Judge as the jurisdictional value of the suit has been fixed at Rs. 400 by the plaintiff himself.

(3.) At the stage of arguments the husband had applied that as per provisions of S. 15 CPC, a civil suit should be tried by the civil Court of lowest jurisdiction in terms of pecuniary value and so the plaint should be returned. This plea was accepted by the impugned order.