ABDUL KHALIQUE Vs. YASMIN SULTANA

JUDGEMENT

(1.) This revision is directed against the order passed by the learned Additional Subordinate Judge, Balasore permitting the opposite party to sue as an indigent person.

(2.) Indisputedly the opposite party is the legally married wife of the petitioner. Both of them lived in the house of the latter when there seems to have been some discord between them. According to the allegations made by the opposite party, when she was pregnant the petitioner took her out on the plea that it was necessary to get her examined by a doctor, but as a matter of fact left her in the home of her parents. Thereafter, despite requests he is not taking her back to the matrimonial home. She, therefore, intended to institute a suit for dissolution of marriage, for recovery of dowery debt amounting to Rs. 950/- and for recovery of articles described in Schedule 'A' of the plaint valued at Rs.11,391.75. She had, however, no means to pay court-fee worth Rs.1176.75 on the plaint and so she filed a petition under O.33, R.1 of the Code of Civil Procedure ('Code' for short) to sue as an indigent person.

(3.) The petitioner in his objection stated that the opposite party had gold and silver ornaments valued at Rs.14,950/-. When she departed from his house she took all the ornaments with her. Therefore, she had sufficient means to pay court-fee on the suit.