MOHD ABDUS SALEEM Vs. KHAIRUNNISA GOUHER

JUDGEMENT

(1.) The unsuccessful plaintiff has filed this Appeal Suit assailing the judgment and decree dtd. 3/6/2014 in OS No.474 of 2012 on the file of the learned VII Senior Civil Judge, City Civil Court at Hyderabad.

(2.) The plaintiff has filed the original sit for partition and separate possession of his share in the suit schedule property, house with municipal No.18/12/418/D/1/10 admeasuring 250 square yards situated at Hafez Babanagar, Hyderabad (hereinafter referred to as 'suit schedule property'). The plaintiff married the defendant in the year 2003, however, after the marriage the plaintiff came to know that the defendant has already contracted three marriages with Arab nationals and obtained divorce. When questioned by the plaintiff, she requested for mercy, accordingly, the plaintiff and the defendant lived together, lead marital life and they were blessed with two children.

(3.) The defendant has resisted the suit and filed a detailed written statement denying the plaint averments admitting her marriage with the plaintiff. It is denied by the defendant that she has already contracted three marriages with Arab nationals and obtained divorce. In fact, the defendant is divorcee and the plaintiff is aware of the same. During subsistence of marriage, the suit schedule property was purchased by the defendant only. However, at the request of the plaintiff, his name was also included in the sale deed as joint owners. In fact, she has contributed the sale consideration by selling her gold ornaments, as such question of plaintiff's spending money for purchase of suit schedule property does not arise. Further, during subsistence of the marriage itself on 12/1/2009 the plaintiff has gifted his undivided and unspecified half share in the suit schedule property orally to the defendant in the presence of two witnesses viz., Mohd. Ahmed and Mohd. Sajid and from the date of oral gift she is in exclusive possession and enjoyment of the suit schedule property, there was no such demand by the plaintiff for partition at any time. Hence, the suit is not maintainable and liable to be dismissed.