AHMAD KASIM MOLLA Vs. KHATUN BIBI

JUDGEMENT

(1.) In this suit the plaintiff, Ahmad Kasim Molla, seeks a declaration that he has validly divorced his wife, Khatun Bibi. He also asks for an injunction restraining her from taking out the sum of Rs. 232-14-0 deposited by him in the Court of the Presidency Magistrate, Calcutta.

(2.) The plaintiff's case is that he married the defendant on 25 August 1929, at No. 63/1, Sovaram Basak Street, Calcutta, according to the provisions of the Sunni School of Mahomedan law. He then says that on 20 September 1929 he divorced his wife at No. 17, Zakaria Street, in accordance with Mahomedan law and that he duly intimated to the defendant that such divorce had been pronounced by him.

(3.) The defendant, on 20 March 1930, obtained from the Presidency Magistrate, Calcutta, an order for payment to her of maintenance at the rate of Rs. 50 per month. It was as a result of execution, proceedings under that order that the sum of Rs. 232-14, which I have already mentioned, was paid by the plaintiff into the Court of the Presidency Magistrate. That sum represented maintenance for the defendant up to the mon May, 1930.