SAYYED AKHLAKH Vs. KHAMARBEE

JUDGEMENT

(1.) Heard. Rule was issued on 17.3.2004. Respondent, vide M.A. No. 304/2000, had urged for release of Mahr amount of Rs. 27,001/- from the petitioner her husband. The petitioner questioned his liability to release the amount. According to him, the Shianama (marriage certificate) which was signed and issued, provides liability of Rs. 701/- and the assertion of respondent divorced wife for Rs. 27,001/- is illegal.

(2.) Learned Counsel for the petitioner submits that the marriage certificate (Shianama) of the respondent is not validly proved. The format was not issued by the Wakf Board. The Kazi who had signed the Shianama had no authority and hence, the order calls for interference.

(3.) Learned Counsel for respondent wife submits, the concurrent findings of both the Courts illustrate proving the Shianama (Exhs. 31 and 37) at the behest of respondent while Shianama, purportedly tried to be believed by the petitioner (Exh. 36) could not be believed and rightly discarded by both the courts.