DILSHADA BANO Vs. GH NABI

JUDGEMENT

(1.) ORDER :- This application under O.33, C.P.C. is by the applicant against the respondent her husband to sue in forma pauperis for recovery of property and money mentioned in the application.

(2.) The applicant, has pleaded being wedded wife of the respondent, who has turned her out for not satisfying his demand for additional dowry. She having no sufficient means to defer the expenses of Court-fees on her claim of Rs. 1,54,874/- having to feed her children in the house of her parents and having no means therefore, seeking declaration to sue as an indigent person, the applicant has filed schedule of the property along with the application supported by an affidavit.

(3.) The respondent ultimately appeared and filed his objections to the application for declaring the applicant as an indigent person objecting to the maintainability of the application, same being not in accordance with law and the applicant being a Govt. servant receiving a salary of Rs. 1000/- having G. P. Fund, Insurance and capacity to pay the requisite Court-fee. That the applicant has suppressed the true facts in the application and her claim is based on incorrect facts. Further the application and list have not been properly verified, therefore, the application be dismissed.