ABDUL NANIF @ BABLU Vs. TARANNUM BANO

JUDGEMENT

(1.) This is first appeal under Sec. 96 CPC against the judgment and decree dtd. 10/1/2008 passed by learned the District Judge, North Bastar, Kankar (CG) in Civil Suit No. 2-A/2007, by which the Civil Suit filed by the plaintiff under Sec. 15(8) of the Dissolution of Muslim Marriage Act, 1939 has been allowed and the marriage solemnized between the appellant and the respondent has been declared as null and void. Learned trial Court by impugned judgment and decree has directed the appellant to return the gifts which have been received by the relatives of the respondents at the time of marriage within two months.

(2.) For the sake of convenience, the parties shall be referred to in terms of their status as shown in Civil Suit No. 2-A/2007.

(3.) Brief facts as mentioned in the plaint are that the marriage between the plaintiff and the defendant was solemnized on 19/5/2004 in village, Jaisakarra, Tehsil Charama, District Kanker (CG). After the marriage, the plaintiff was residing with her matrimonial house at Durg. It is contended that there was demand of dowry by the husband and from his family members. It is further contended that the appellant demanded Rs.50,000.00 for purchasing washing machine, CD player and for constructing the house. It is further contended that respondent was victimaized by the family members of appellant which has caused apprehension in her mind with regard to her life and safety as during pregnancy she was compelled to leave the matrimonial house. It is further contended that on 18/9/2004 an agreement was executed by the appellant before the witnesses that he will not harass his wife and the family member of the appellant has also assured that they will also not harass her and in view of their assurance the respondent come back to her matrimonial house at Durg. But again the appellant has started beating her, therefore, the respondent left the matrimonial house. It is further contended that the appellant has failed to perform his duty without reasonable cause and has failed to provide her maintenance which has compelled the respondent to file decree of divorce.