IFFATH JAMALUNNISA Vs. MOHD SULEMAN SIDDIQUI

JUDGEMENT

(1.) THIS appeal is filed against the Judgment of the Family Court, hyderabad in O. S. No. 189 of 1995 (The suit was originally filed in the court of the II Additional Judge, City Civil Court, Hyderabad as O. S. No. 293 of 1989 and on its transfer to the Family Court, Hyderabad, it is re-registered as O. S. No. 189 of 1995 ). The suit was filed for divorce and Mehar amount of Rs. 1. 00 Lakh. The present appellant-wife was the plaintiff and the respondent-husband was the defendant. In this appeal, the parties would be referred to, as they are arrayed in the original suit.

(2.) NECESSARY facts are as follows: The marriage between the parties took place on 25-12-1975; shortly after the marriage, there were misunderstandings between the spouses; two children - a son and a daughter were born on 13-7-1997 and 27-12-1981 respectively. From october 1984, onwards, the parties, admittedly, are living separate and not lived together for any length of time thereafter. The husband filed O. P. No. 308 of 1986 and O. S. No. 181 of 1987 on the file of the chief Judge, City Civil Court, Hyderabad, for custody of children and restitution of conjugal rights, the same were dismissed on 11-7-1988, no appeal is filed against the said order and that has become final.

(3.) ACCORDING to the averments of the plaint, the defendant-husband developed hatred towards the plaintiff-wife and used to behave in an eccentric manner. He is from Wahbi sub-sect; whereas the plaintiff is the daughter of Sajjad Nasheen Darga-Shareef Gulbarga (Khaja Banda nawaz) and was brought up in a religious manner; the defendant always resisted the plaintiff from visiting Darga and offering Fathea. As the defendant wanted to settle in Saudi Arabia, he went there in search of job in 1982, he could not get any employment there and returned home after six months. On his return, he developed hot temperament and always used to find fault with the plaintiff; used to demand money, she gave money by pledging her jewellery and finally he drove her out in October, 1984. At the time of marriage the defendant agreed to pay Mehar in the following manner. (a) Rs. 25,000-00 cash; (b) 15 Dinar Sukh. One Dinar is equal to one old tola of gold; (c) 15 Dinar Sharia. One Dinar sharia is equal to 3 grams of gold. Thus, in all, the defendant agreed to pay Mehar of Rs. 1. 00 Lakh.