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S. Farooq Jeelani represented by his Power of Attorney, S. Sanaullah v/s Arshad Rahim Sanaullah

    C.R.P(NPD).No. 1501 of 2022
    Decided On, 28 June 2022
    At, High Court of Judicature at Madras
    By, THE HONOURABLE MS. JUSTICE R.N. MANJULA
    For the Petitioner: S. Ruban Prabu, Advocate. For the Respondent: -------


Judgment Text
(Prayer:- Civil Revision Petition is filed under Article 227 of the Constitution of India, pleased to set aside the docket order dated 29.03.2022 made in O.S.Sr. No.1083 of 2022 on the file of the Principal District Munsif at Alandur, set aside the same and to number the plaint, by allowing the Civil Revision Petition.)

This Civil Revision Petition has been preferred challenging the docket order dated 29.03.2022 made in O.S.Sr. No.1083 of 2022 on the file of the Principal District Munsif at Alandur to set aside the same and to number the plaint.

2. The revision petitioner is the plaintiff, who filed the suit before the learned Principal District Munsif, Alandur, seeking a relief of mandatory injunction, directing the defendant to restore the conjugal rights. The learned Principal District Munsif, Alandur returned the plaint for filing it before the Family Court. Aggrieved over that, the plaintiff has filed this Civil Revision Petition.

3. Learned counsel for the petitioner submitted that the Muslim male members do not have any statutory remedy for filing a petition before the Family Court for restoration of conjugal rights. The Family Court Act is not applicable to the Muslims. Muslim Women (Protection of Rights on Marriage) Act, 2019 is applicable only to the Muslim women. The plaintiff, who is a male and who professes Muslim Religion does not have any statutory remedy for matrimonial issues. Hence, he has filed a suit for mandatory Injunction to direct his wife to restore his conjugal rights.

4. Learned counsel for the petitioner submitted that similar suits have been filed in the earlier occasions at various Courts. He also referred one such instance, where a suit was filed before the learned District Munsif, Panruti in O.S.No.218 of 2016 and then transferred as per the order of this Court in Tr.C.M.P.No.357 of 2018 dated 11.07.2018 to the file of the learned Principal District Judge, Chengalpattu and renumbered as O.S.No.279 of 2018.

5. In view of the above, this Court is of the opinion that in order to enable the revision petitioner to get the relief as sought by him, the suit has to be taken on file. 6. In the result, this Civil Revision Petition stands allowed and the order of the learned Principal Dis

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trict Munsif, Alandur made in O.S.Sr. No.1083 of 2022 dated 29.03.2022 is hereby set aside and the learned Principal District Munsif, Alandur is directed to take the suit of the plaintiff on file and number the plaint if it is otherwise in order. No costs.
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