ZUNAIDA BEGUM Vs. MEHFUZ AHMED

JUDGEMENT

(1.) Heard learned Counsel for the revisionist as well as learned Counsel for the opposite party.

(2.) In short the facts of the case are that the applicant was married according to the Muslim Law 10 years before in 1967 and was performing the duties of the wife and begot a daughter named Sana. Three years back, the husband left her to her parents' house stated that he does not know cooking food and had also beaten her and stated that if she will leave her house she will be killed. She was left to her parents' house by the husband since then she was living with her parents and the opposite party/husband did not give her a single penny for her maintenance. The revisionist was illiterate and pardanaseen lady unable to maintain herself. At the time of her divorce given by the husband, she was pregnant and as she is entitled to get the amount of maintenance as claimed.

(3.) The opponent admitted the marriage but showed ignorance about the birth of second child. He accepted only birth of daughter 'Sana'. Since the applicant-revisionist was from a prosperous house so she always used to suppress and control him and used to misbehave with inmates of his house and it is stated that she left the house of the husband and despite being called to come was not prepared to come and she asked for divorce. At this stage, the husband has given her divorce according to the Muslim Law. Since she has obtained divorce according to her own will and is living well at her parents' house she is not entitled to maintenance.