Mahammed Afzal , Abdul Rahim v. Smt Sharmila

HON'BLE SRI JUSTICE R. SUBHASH REDDY CIVIL REVISION PETITION No.4766 of 2014 ORDER :

Heard learned counsel for petitioner.

This civil revision petition is filed under Article 227 of the Constitution of India, by the petitioner in an unregistered O.P.G.R.No.1990 of 2013, aggrieved by office order dated 19.02.2014, by which, the petition filed by the petitioner for dissolution of marriage before the Family Court, Vijayawada, is returned with an objection that the parties are Muslims. When an objection with regard to maintainability of the petition is raised, petitioner has answered the same. Thereafter, the petition is again returned with an objection as to how such petition for dissolution of marriage is maintainable after pronouncement of talaq.

Whether the petitioner is entitled for the relief sought for in the application or not, is a matter to be considered by the Court, but such an objection cannot be taken by the office.

Therefore, the office objection dated 19.02.2014 made in O.P.G.R.No.1990 of 2013 is set aside. The Family Court, Vijayawada is directed to take further steps in accordance with law, if the petition is otherwise in order.

Subject to the above directions, the revision is disposed of. No order as to costs.

Pending miscellaneous applications, if any, shall

stand closed.

______________________ R. SUBHASH REDDY, J 6th February 2015 ajr