Naib Nazir Cannot Decide Maintainability Of Plea For Mutual Divorce, Should Be Left To Discretion Of Family Court: MP High Court
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Naib Nazir Cannot Decide Maintainability Of Plea For Mutual Divorce, Should Be Left To Discretion Of Family Court: MP High Court

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The Indore Bench of Madhya Pradesh High Court has held that a Naib Nazir cannot decide the maintainability of an application and should leave it to the discretion of the Court. The maintainability of an application cannot be decided by the Naib Nazir for whatever be the reasons, thus apparently, the Naib Nazir clearly exceeded his jurisdiction to refuse to accept the application filed by the petitioners.” Grievance of the petitioner was that they had filed an application for mutual divorce under Section 13-B of the Hindu Marriage Act, 1955 which was refused by the Naib Nazir of the Family Court, endorsing that they have not yet completed one year of marriage. Thereafter, the court opined that by rejecting petitioners' application, the Naib Nazir exceeded his jurisdiction, thus, the endorsement made by him was liable to be struck off. “The endorsement made by the Naib Nazir is hereby directed to the struck off by the concerned Judge of the Family Court after accepting the petitioners' application, and decide the same in accordance with law.”, the Court said.

Court Family Court Application Filed Petitioners Nazir Naib Naib Nazir  court  nazir  left  filed  petitioners  mutual  marriage  high  plea  family  application  law  maintainability  struck  naib  mp

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