REYAZ AHMAD WANI Vs. RUBEENA

JUDGEMENT

(1.) This revision has been preferred by the Petitioner, challenging the order of the Trial Court dated 8th February, 2011, by which trial Court permitted the Plaintiff-first Respondent herein to present the original document of Nikahnama, which shall be made part of the file.

(2.) Brief facts which are required to be stated are, that the Petitioner and the first Respondent got married on 11th May, 2003, in accordance with the tenets of Shariyat and Muslim Personal law, and that marriage was recorded in the presence of witnesses in Nikhanama on 11th May, 2003. It is also the case of the first Respondent that the Petitioner herein agreed to pay an amount of Rs. 8.33 Lacs, as Mehar to her, out of which only Rs. 11,000/- have been paid by the Petitioner as Prompt Dower and the remaining amount of Rs. 8.22 lacs, were kept as deferred dower, and was agreed to be paid on the demand of the first Respondent. It is further stated that immediately after the marriage, the Petitioner started maltreating the first Respondent and in the year 2004, she was thrown out of the matrimonial home, and since then she has been residing along with 2nd Respondent her minor child in her parental house, as such, since the year 2004, she has not been paid any sort of maintenance. Further case of the first Respondent herein is that her golden ornaments which were worked out at Rs. 2.49 lacs, have also not been returned by the Petitioner.

(3.) It is in that backdrop the Plaintiff-first Respondent herein is stated to have filed a petition before the Trial Court in terms of Order 33 Rule 1 Code of Civil Procedure, for recovery of Mehar to the tune of Rs. 8.22 lacs, Golden Ornaments wroth Rs. 2.49 lacs, and past maintenance of Rs. 4.80 lacs, along with interest.