Hi I am Shaik. I reside in Cuddapah City of Andhra Pradesh. I have been married for the past 9 years and begotten two female children.
My wife left home due to her parent's instigation 7 months ago to Hyderabad. I filed RCR as Family Court Original Petition (FCOP).
But the court returned saying that under muslim law I need to file a 'SUIT' in District court. So I filed a suit / plaint in District court. Now the District Court says due to jurisdiction as per the muslim personal / marriage law 1937 Article 11 I need to file a petition in lower courts/ muncif courts or muncipal courts.
As a layman I am much confused and frustated why as a muslim I cannot file a petition for restitution of conjugal rights in family court like any other Hindu or christian brother.
Could anybody help me or enlighten me whether I can file a petition in family court or not. If yes what references I can give to the judge to argue? The petetion is moving arount for more than a month and in family matters time plays a big role especially when one party seeks for conjugation before the relationship breaks down irretrievably.
Please do not suggest me to go to Indian Muslim personal Law Board. I have tried there and faced bitter experience (in my city) of their behaviour and manners. They are not interested in settling in any family matters.