Case Note & Summary
The case involves a civil revision application filed by the original defendants (applicants) against an order of the Civil Judge, Senior Division, Daryapur dated 1.12.1999, which dismissed their application under Section 9 of the Code of Civil Procedure, 1908 seeking dismissal of the suit for want of jurisdiction. The non-applicant (original plaintiff) is a Muslim divorced woman who filed Regular Civil Suit No. 36/1998 for return of articles of Dahej (dowry) against the applicants, who are her former husband and his relatives. The applicants contended that the marriage between applicant no.1 and the non-applicant was dissolved by divorce on 17.8.1998. They argued that under Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986, a Muslim divorced woman is entitled to apply before a Magistrate for recovery of property given to her before, at the time of, or after marriage, and the Magistrate has the power to make orders for delivery of such properties. Therefore, the Civil Court had no jurisdiction to entertain the suit. The trial court rejected this application, leading to the revision. The High Court, after hearing the applicants' counsel (the non-applicant was served but did not appear), examined the provisions of Section 3 of the 1986 Act. It noted that sub-section (2) of Section 3 allows a divorced woman to apply to a Magistrate for recovery of property, and sub-section (4) empowers the Magistrate to enforce compliance. The court held that the remedy under the 1986 Act is exclusive and bars the jurisdiction of the Civil Court. Consequently, the High Court allowed the revision application, set aside the trial court's order, and dismissed the suit as not maintainable. The court directed that the non-applicant may approach the appropriate Magistrate under Section 3 of the 1986 Act for the relief sought.
Headnote
A) Civil Procedure - Jurisdiction of Civil Court - Bar under Special Statute - Section 9 CPC, Section 3 Muslim Women (Protection of Rights on Divorce) Act, 1986 - The suit for return of dahej articles filed by a Muslim divorced woman before Civil Court is not maintainable as Section 3 of the 1986 Act provides an exclusive remedy before the Magistrate for recovery of property given at or before marriage - Held that the Civil Court lacks jurisdiction and the suit must be dismissed (Paras 2-5).
Issue of Consideration
Whether a Civil Court has jurisdiction to entertain a suit for return of articles of Dahej filed by a Muslim divorced woman, in view of the provisions of Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986.
Final Decision
The civil revision application is allowed. The impugned order dated 1.12.1999 is set aside. The Regular Civil Suit No. 36/1998 is dismissed as not maintainable. The non-applicant is at liberty to approach the appropriate Magistrate under Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986 for the relief sought.
Law Points
- Jurisdiction of Civil Court barred under Section 3 of Muslim Women (Protection of Rights on Divorce) Act
- 1986
- Exclusive remedy before Magistrate for recovery of dahej
- Section 9 CPC cannot confer jurisdiction where statute provides special forum
