HABEEB SULTANA Vs. MOHAMMAD SHARFUDDIN KHAN

JUDGEMENT

(1.) The unsuccessful plaintiff filed the present appeal against the judgment and decree dated 24-4-1987 passed by the learned Second Additional Subordinate Judge, Warangal, in OS No.52 of 1983.

(2.) She filed the suit for recovery of Mehar amount and for return of jehaz articles to her, mentioning in the plaint inter alia that she was married to the defendant on 1-12-1972 at Hanamkonda and she gave birth to three sons and that her husband through a letter dated 7-1-1983 addressed to her father pronounced triple talaq dissolving the marriage and that later the defendant married another woman by name Azamath Sullhana and therefore, she was entitled to the deferred mehar amounting to Rs.5,000.00 and two dinners of the value of Rs.10.00 each with interest at 18% per annum and for the return of jehaz articles.

(3.) The defendant while resisting the suit pleaded that the letter dated 7-1-1983 was a forged document and that the marriage between the plaintiff and the defendant was subsisting and therefore, the plaintiff was not entitled to Metier amount. He further pleaded that on account of the conduct of the plaintiff who refused to lead conjugal Hie with him, he had to marry another woman by name Azmath Suhhana and his attempts to take back the plaintiff had not been fructified.