ADVOCATEMMMOHAN: . Jurisdiction (Implied) The proceeding originated in the court of the Principal Junior Civil Judge, Chilakaluripet, confirming that such a court is the competent authority to entertain suits for dissolution of marriage in an area where the Family Courts Act, 1984, has not yet extended its exclusive jurisdiction.

Sunday, November 30, 2025

Legality of Triple Talaq: The practice of instant Triple Talaq (Talaq-e-Biddat), pronounced by a Muslim husband, is illegal, unconstitutional, and void ab initio, as declared by the Supreme Court in Shayara Banu v. Union of India (2017).
Retrospective Effect: The law declared by the Supreme Court in Shayara Banu applies retrospectively to all pending proceedings, as there was no indication in the judgment for prospective application only.
Effect on Shariat Act: Section 2 of the Muslim Personal Law (Shariat) Application Act, 1937, is held to be unconstitutional to the extent it recognizes and enforces Triple Talaq.

Plaint Filed in Subordinate Court: A suit (O.S. No. 195 of 2016) filed by the husband before the Principal Junior Civil Judge, Chilakaluripet, seeking a declaration of divorce based on an alleged Triple Talaq pronounced in 2016, is not maintainable.
Suit Barred by Law: Since the foundation of the suit (Triple Talaq) is void by virtue of the retrospective application of the Shayara Banu judgment, the suit is deemed to be barred by law.
Mandatory Rejection: The trial court's order refusing to reject the plaint was incorrect and resulted in a miscarriage of justice. The plaint must be rejected under Order VII Rule 11(d) CPC.

The proceeding originated in the court of the Principal Junior Civil Judge, Chilakaluripet, confirming that such a court is the competent authority to entertain suits for dissolution of marriage in an area where the Family Courts Act, 1984, has not yet extended its exclusive jurisdiction.

ADVOCATEMMMOHAN