LAWS(BANG)-2010-2-9

SREE JIBON SHARMA Vs. SREEMOTI SUBASINI SHARMA

Decided On February 23, 2010
Sree Jibon Sharma Appellant
V/S
Sreemoti Subasini Sharma Respondents

JUDGEMENT

(1.) This Petition for Leave to Appeal is directed against the judgment and order dated the 19th day of July, 2009 passed by the High Court Division in Civil Revision No.733 of 2006 discharging the Rule and affirming those dated 23.11.2005 passed by the District Judge, Jamalpur in Family Appeal No.18 of 2005 dismissing the appeal affirming those dated 20.08.2005 passed by the Assistant Judge, Family Court, Islampur, Jamalpur decreeing the suit against the petitioner on contest in Family Case No.41 of 1999.

(2.) The facts involved in the case, in short, are that the plaintiff No.1 was given in marriage with defendant and out of their wedlock the plaintiff No.2 was born. Few days after the birth of plaintiff No.2 the defendant stopped the maintenance of the plaintiffs and married second time violating the customs of Hindu religion. A salish was held over the matter but the same was ended without any result. Then the plaintiffs filed the Family Suit for maintenance according to the provisions of Family Courts Ordinance, 1985.

(3.) The defendant contested the suit by filing written statement denying all the material allegations contending that the suit was not maintainable, it was barred by limitation and also barred by the provisions of waiver, estoppels and acquiescence. He stated that he was forced to marry the plaintiff No.1 on 21.02.1992. But on 22.02.1992 she left the house of defendant. He denied the story of marriage and also stated that the plaintiff No.2 is not his son. So, the suit is liable to be dismissed.