ABDUL RASHID KHAN Vs. MUSTAFIRAN BIBI

JUDGEMENT

(1.) The above two appeals under Section 19 of the Family Courts Act, 1984 arise out of the judgment and order dated 29-1-2005 passed by the Judge, Family Court, Cuttack in Civil Proceeding No. 5 of 1992. MATA No. 11 of 2005 has been filed by the husband, who was the respondent before the Court below, and MATA No. 13 of 2005 has been filed by the wife and children, who were petitioners there. The Civil Proceeding was filed by the wife and children with a prayer for maintenance and recovery of dower dues, besides direction for return of cash and ornaments.

(2.) The case of the wife is that the husband was serving in military as a Jawan and was drawing salary of Rs. 2,500/- per month in the year 1983. He was sending money to his widowed mother and sister, who were spending the entire amount and not paying anything for food and clothing of the wife and children as well as for eduction of the children. They were also ill-treated. In July, 1990 the husband came to the matrimonial home and compelled the wife to bring cash of Rs. 50,000/- to which the wife expressed her inability and the husband wanted to kill the wife by electric shock. Her mother-in- law and sister-in-law snatched away all the ornaments from her body and assaulted her. Lastly she was driven out of the matrimonial home on 29-8-1990. On 1-9-1992, the husband came and wanted her signature on a blank paper, to which she refused, whereupon the husband threatened to murder her. In that connection, a complaint case has been instituted against the husband.

(3.) The case of the husband in his written statement is that he has given divorce to the wife on 31-12-1991 for her arrogance and lavish expenses. The wife never liked to stay in the matrimonial home when he was remaining in the boarder area due to his service in the defence. The parents of the wife did not allow the husband to come to his wife and children, for which the life of the husband became miserable and he divorced the wife. The husband in his written statement denied all the allegations