RAZIA BEGUM Vs. SAHEBZADI ANWAR BEGUM

JUDGEMENT

(1.) This is an application to revise an order made by the Second Additional Judge, City Civil Court, Hyderabad, by which he allowed a petition presented on behalf of respondents 1 and 2, under Order 1, rule 10, Code of Civil Procedure, that they might be added as defendants in a suit, O.S. No. 43/1 of 1957. The petitioner is the plaintiff in O.S. No. 43/1 of 1957. The 1st respondent is Sahebzadi Anwar Begum. The 2nd respondent is Prince Shahmat Ali Khan, minor, represented by his mother, the 1st respondent. The 3rd respondent, Walashan Nawab Mozamjah Bahadur, the second son of H.E.H. the Nizam, is the defendant in the said suit.

(2.) On the 12th April, 1957, the suit was filed for the following main reliefs :- (1) That the plaintiff be declared to be legally wedded wife (Mankuha) of the defendant ; (2) That a decree be passed in her favour against the defendant declaring her to be entitled to receive from him Rs. 2,000 per month as Kharch-e-Pandan (pin money). The petitioner sought the first of the above reliefs, on the allegation that she was married to the defendant at a ceremony solemnised in accordance with the Shia Law, by a Shia Mujtahid on the 19th October, 1948; and that after the marriage, she gave birth to three daughters who are now aged 8, 7 and 5 years respectively. She averred :

(3.) The second of the reliefs sought by her is grounded on an alleged pre-nuptial agreement whereunder, the 3rd respondent agreed to pay her a sum of Rs. 2,ooo per month as Kharch-e-Pandan, which amount he has defaulted in paying since January, 1953. On the same date, that is, 12th April, 1957, she filed an application for examination on commission of Syed Barkat Ali, the Mujtahid who is said to have officiated at the marriage ceremony. Notice of this application was given to the 3rd respondent by Court on the 15th April, 1957.