RASIDA KHATUN Vs. SK ISLAM

JUDGEMENT

(1.) Both the above appeals are against the judgment delivered on 4-2- 2000 in Civil Proceeding No. 42 of 1993 of the Court of Judge, Family Court, Cuttack. Petitioners in the said Civil Procedure are the appellants in Civil Appeal No. 11 of 2000 whereas respondents in that Civil Proceeding are the appellants in Civil Appeal No. 19 of 2000. For the sake of convenience, appellants in Civil Appeal No. 11 of 2000 are hereinafter referred to as the petitioners and appellants in Civil Appeal No. 19 of 2000 are referred to as respondents.

(2.) Parties to the proceeding are Mahomedans belonging to the Islamic faith and they are governed by their personal law. Petitioner No. 1 claims to be the legally married wife of respondent No. 1 and the petitioner No. 2 to be the male child born out of the wedlock. Respondent No. 2 is the father of respondent No. 1. Petitioner No. 1 filed an application for invoking the jurisdiction of the family court under Section 7(l)(b) read with (e) of the Family Courts Act, 1984 (in short, 'the Act') for declaration of their status as the wife and son of respondent No. 1. According to her case, taking advantage of their family relationship, by which respondent No. 1 is a cousin, intimacy developed between the two and on the assurance of marriage given by the respondent No. 1, she cohabited with him and begot petitioner No. 2. When respondent No. 1 declined to treat her as his wife and the child as their son and also declined to provide maintenance, that she filed the aforesaid Civil Proceeding.

(3.) Respondent No. 1 filed a written statement disputing to the allegations of his relationship with the family of the petitioners and also relating to assurance to marry, cohabitation and begetting the child. He also pleaded that in the Panchayat of the Community on the issue of pregnancy of petitioner No. 1 it was resolved that one Sk. Hardia is the author of the child and accordingly a fine of Rs. 5.000/- (rupees five thousand) was imposed on him by the 'Bhadraloks'.