NIZAMUDDIN IBRAHIM SAHEB GABBUR Vs. RUBINA NIZAMUDDIN GABBUR

JUDGEMENT

(1.) THE Appeal arises out of a judgement and decree passed by the Principal Judge, Family Court No. 2, Pune in Petition No. 61 of 1995. The respondent-wife being the petitioner before the trial Court had requested for divorce under the provisions of the Dissolution of Muslim Marriage Act, 1939. She had alleged the ground of cruelty as per section 2 of the said Act.

(2.) THE judgement came to be delivered on 7-3-1996. In between the filing of the petition and the said judgement on 10-11-1995, talaqnama was drawn up and signed by the respective parties and as a result of that, the marriage itself has come to an end. The trial Court ought to have disposed of the petition as it has become infructuous. However, it proceeded to decide the matter on merits and that has been done only on the basis of the unopposed testimony of the original petitioner-wife as per Exh. 21 page 45 of the Paper Book. It has been recorded on 26-12-1996. It shows that the respondent was absent. The talaqnama is produced with list Exh. 23 by the original petitioner-wife. Verifying from the original record, we do find that one of the conditions in the talaqnama was that the respondent-wife has to withdraw the aforesaid petition filed in the Family Court.

(3.) THE absence of the appellant-husband is therefore quite understandable at the time when the deposition of the respondent-wife was recorded. Apparently, the talaqnama has been taken on record after her evidence.