ASFA BEGUM Vs. SK ABDUL SAMIM

JUDGEMENT

(1.) THE unsuccessful appellant was the divorcee wife of the opp. party Sk. Abdul Samim. The 'Nikha' between both the parties had taken place on 5.7.1987. It is stated by the petitioner that at that time her father gave Rs. 8000/ - as marriage presentation, besides, gold and silver ornaments and other house -hold articles. They continued their happy marital life for some years but, thereafter, their relationship became embittered followed by dissensions, discard and quarrel resulting in unhappiness in their family. It is alleged by the petitioner that finally on 1.12.1990 the husband -opp. party assaulted the petitioner and drove her out from the house. She approached the village committee and as per the decision of the village committee the husband again took her back to the matrimonial house, but after some time he continued his old habits of ill -treating and torturing her. He did not give sufficient food and clothings as a result of which she was forced to quit her husband's house on 10.4.1996 and, thereafter, she lodged a report at the Police Station alleging dowry torture against her husband. Accordingly, G. R. Case No. 223 of 1996 was initiated against the opp. party -husband. Since the husband -opp. party did not pay her maintenance, the petitioner -wife has filed this case. The opp. party -husband is working as a Constable and was getting about Rs. 3,500/ - per month at the time of the filing of the case.

(2.) THE opp. party -husband controverted, all the allegations of the petitioner and submitted that their relationship was not cordial inasmuch as the petitioner was frequently going away to her parent's house without even informing him. Therefore, he approached the President of Amala committee who took many attempts to reconcile between them, but it did not materialise. Thus, he was forced to give 'Talak' to the petitioner which was noted by the Kazi in the Register maintained by the Justice Department. After 'Talak' being granted by the husband - opp. party, he has no obligation to pay maintenance to a divorcee Muslim lady.

(3.) AN amount of Rs. 10,500/ - was fixed by the Village Committee towards maintenance of the petitioner -wife which has already been deposited by the husband - opp. party.