Dissolution of muslim marriage act 1939
Akil
(Querist) 28 April 2013
This query is : Resolved
I filed a suit on behalf of Muslim wife for the dissolution of marriage under Dissolution of Muslim Marriage Act, 1939, on the ground of cruelty (two matters u/s 498 of IPC and u/s 125 of Cr.PC are pending).
However, a Civil Judge to whom I prayed for decree, is not admitting the suit and ask me to produce citation indicating that the Civil Court has jurisdiction to entertain my suit.
May I ask YOU learned people to get me some material to convince the Judge on this ?
Please guide me !
M.Sheik Mohammed Ali
(Expert) 28 April 2013
i hope that you are from tamilnadu, as per law any muslim file a dissolution of marriage as O.S.
where are you from ?
call me, if you are in chennai
Advocate Ravinder
(Expert) 29 April 2013
If there is a Family Court in your City/town, then the jurisdiction of civil court does not apply. You have to file the case only in family court. Thus, you have to file 1)OP for dissolution of marriage, 2) OP for Sec 498-A and 3) M.C. for Sec. 125 Cr.P.C.
Kuummaar AS
(Expert) 29 April 2013
Please refer to Section 7 of Family Courts Act, 1984.
Devajyoti Barman
(Expert) 29 April 2013
In WB such cases are filed in civil court only. Check with your local law.
Raj Kumar Makkad
(Expert) 29 April 2013
Family courts deal with such matters nowadays in almost all States barring few.
