AHMED ALI KHAN Vs. ASGARUNNISA BEGUM

JUDGEMENT

(1.) This is a defendant's appeal. The suit for maintenance or in the alternative for payment of deferred dower in a sum of Rs. 5,675 brought by his divorced wife has been decreed against him only for the latter relief by the Fourth Additional Judge, City Civil Court, Hyderabad.

(2.) The case of the plaintiff was that she was married to the defendant several years back and that after a bright spell of cordiality for four years, misunderstandings suddenly arose and before long assumed serious dimensions with the result that she was obliged to leave his house about 13 years prior to the date of the suit. Being left to herself uncared for by her husband, she moved the criminal Court for grant of maintenance. The defendant-appellant in answer to her claim set up in his counter, dated 11th October, 1955 a plea of divorce as having been effected in accordance with Mohammedan law in 1354 fasli itself. The criminal Court did not believe the factum of divorce as alleged to have taken place in 1354 fasli. It held that the divorce, however, took place on 11th October, 1955 by reason of the counter filed, which contained plea and formula of divorce, and by its order, dated 18th October, 1958, granted maintenance to her for the period of iddath. The plaintiff recovered the maintenance amount as ordered in her favour and thereafer brought the suit, out of which the present appeal arises, on 10th December, 1961.

(3.) The plaintiff contended therein that the divorce pleaded was not true, that she continued to be the legally wedded wife and is therefore entitled to maintenance, and that if it be held that the marriage is not subsisting, she is entitled to the amount of her dower in a sum of Rs. 5,675.