SHEIKH MOHD ANIS Vs. SHABANA KHAN

JUDGEMENT

(1.) BEING aggrieved by the judgment and decree dated 11-10-2005 passed by i ADJ, Dhar in Case No. 3-A/03 whereby the suit filed by the appellant for realisation of Rs. 1,50,000/- was dismissed, the present appeal has been filed.

(2.) SHORT facts of the case are that appellant and respondent are husband and wife. In the suit filed by the appellant, it was alleged that appellant was married with the respondent on 12-11 -94. The behaviour of the respondent was not cordial with the appellant as according to the appellant, she was involved in love with someone else and marriage took place against her wishes. It was further alleged that respondent requested the appellant to give divorce. It was also alleged that request was made by the respondent repeatedly and frequently and it was also offered that if the appellant agrees to give divorce to the respondent, then the respondent shall not claim Rs. 11,786/- as amount of mehar, on the contrary, she will pay a sum of Rs. 50,000/- as consideration 'talakul Kulah'. It was further alleged in the plaint that upon the request of the respondent, appellant gave divorce to the respondent on 11-3-95 and information was sent to the respondent by post and telephonically as well. Further case of the appellant was that the respondent with an oblique motive to defend the appellant after taking the divorce filed a petition under Section 125, cr. PC. On 28-3-97 in the Court of JMFC, Dhar and also filed a suit in the Court of Civil Judge Class II, Dhar on 27-3-97 which was registered as Civil Suit no. 11 - A/97. It was alleged that both the cases were instituted by the respondent knowing it well that there is no cause against the appellant. It was further alleged that for contesting the case, appellant was compelled to come from Ahmedabad to Dhar on each and every date. It was further alleged that case instituted under section 125, Cr. PC was dismissed on 18-9-97 and the civil suit was also dismissed on 19-9-97. It was alleged that appellant is entitled for a sum of Rs. 1,50,000/- as compensation from the respondent. The suit was contested by the respondent by filing the written statement wherein plaint allegations were denied. It was prayed that suit be dismissed.

(3.) ON the basis of pleadings of parties, learned Trial Court framed the issues, recorded the evidence and dismissed the suit, against which the present appeal has been filed.