SARWAR YAR KHAN Vs. JAWAHAR DEVI

JUDGEMENT

(1.) This is an appeal against a Decree of the Second Additional fudge, City Civil Court, Hyderabad, for the payment of Rs. 25,000 (H.S.) bv the appellant to the respondent as the amount of dower alleged to have been agreed upon when they were married on 18th May, 1950.

(2.) The facts which are material for the purpose of appreciating the matters in controversy and the points arising for decision may be briefly mentioned. The partied were Sunni Mohamedans. At their marriage, the appellant, in accordance with the usual practice and custom, executed a Siaha (marriage certificate), which is Exhibit P-15 in the case, agreeing inter alia to pay the respondent a deferred dower Rs 25,000 (H.S.) with 5 gold deenars. The respondent alleged that she was divorced by the appellant on 9th September, 1950. This fact, was, however, denied by the appellant. The respondent became a convert to Hinduism on 12th October, 1950. On that date, she married one Amar Kumar. On ist November, 1950, the appellant filed a suit, No. 115/1 of 1950 on the file of Atraf Balda, Hyderabad, which was subsequently transferred to the Court of the District and Sessions Judge, Hyderabad, and there re-numbered as Case No. 92/1 of 1951, for restitution of conjugal rights. The present respondent there raised the plea that the appellant had divorced her. It was alternatively contended that the respondent had become a convert to Arya Samaj Vedic Dharma, which brought about a dissolution of the marriage.

(3.) On 20th July, 1952, the suit filed by the present appellant was dismissed on the ground that the respondent became a convert to Hinduism. Against the said decree, the appellant preferred an appeal to the High Court of Hyderabad, in A.S. No. 61/1 of 1952. The appeal was eventually dismissed, as withdrawn, on 11th February, 1957. The respondent instituted the present suit on 8th September, 1953, in the District Court, Hyderabad, in forma pauperis, for recovery of her dowiy valued at Rs. 9,247-8-6 and her dower of Rs. 25,000 (H.S.) together with five gold deenars. The following material issues framed by the trial Court reflect the matters on which the parties were at controversy : Issue 4.-" What is the effect of change of religion oil the claim of the plaintiff ? " Issue 5.-"What is the effect of withdrawal of the appeal by the defendant against the suit No. 92/1 of 1951 on the present ? " Issue 7.-"Whether plaintiff, by apostatizing and renouncing Islam of her own will, can claim dower from the defendant ?"