CRP/1066/2024 of FATHIMA Vs N.MUJIFUR RAHUMAN on 4 November 2026

ORDER

This civil revision petition has been filed under Article 227 of The Constitution of India against the order dated 12.10.2023 in I.A.No.1 of 2022 in O.S.No.60 of 2019 on the file of the Additional Principal Judge, Additional Family Court, Coimbatore (for short, the Court below) wherein the application filed by the petitioner/ defendant under Order VII Rule 11 of the Civil Procedure Code (CPC) seeking for rejection of the plaint, came to be dismissed.

2. Though the above revision has been filed under Article 227 of The Constitution of India, it is converted into one under Section 115 of the CPC.

3. Heard the learned counsel for the petitioner. Though the respondent/husband has been served with notice and his name printed in the cause list, he has not chosen to appear before this Court either in person or through counsel.

4. This Court has carefully considered the submissions of the learned counsel for the petitioner and perused the materials available on record and more particularly the impugned order.

5. The respondent/husband filed the said suit seeking for the relief of dissolution of marriage with the petitioner/wife by pronouncing triple talaq. In the said suit, the petitioner/defendant filed the said application seeking to reject the plaint under Order VII Rule 11 of the CPC on the ground that the said suit itself was barred by law under the Muslim Women (Protection of Rights on Marriage) Act, 2019.

6. The Court below dismissed the said application on the ground that the issue that has been raised by the petitioner/ defendant could be considered only after a trial that was going to be conducted. Aggrieved by that, the above revision has been filed before this Court.

7. In the considered view of this Court, the respondent/ plaintiff sought for dissolution of marriage based on the notice on triple talaq issued on 21.5.2019, 27.7.2019 and 31.8.2019 respectively.

8. The triple talaq notice, which was the basis for filing the said suit, is clearly barred by law under the said Act. In view of the same, the Court below ought to have rejected the plaint. However, the Court below proceeded to dismiss the said application by the impugned order on the ground that the interval between the three talaqs could be considered only during the course of trial. The said finding rendered by the Court below suffers from perversity warranting the interference of this Court. The suit itself is a clear abuse of process of law and is clearly barred by law.

9. In the light of the above, the civil revision petition is allowed and the impugned order dated 12.10.2023 in I.A.No.1 of 2022 in O.S.No. 60 of 2019 on the file of the Additional Principal Judge, Additional Family Court, Coimbatore is set aside. As a consequence, I.A.No.1 of 2022 is allowed and the plaint in O.S.No.60 of 2019 on the file of the Additional Principal Judge, Additional Family Court, Coimbatore is rejected. Consequently, the connected CMP is closed. 04-11-2026 To The Additional Principal Judge, Additional Family Court, Coimbatore RS

N.ANAND VENKATESH,J RS CRP.No.1066 of 2024 & CMP.No.5547 of 2024 04-11-2026