MST. MOMTAZ BEGUM Vs. ANOWAR HOSSAIN

JUDGEMENT

(1.) This appeal raises questions of some importance in the field of Mohammedan Law but they are not abstract questions which can be divorced from the facts giving rise to them and in order to resolve them the facts in some detail are necessary. Appellant instituted a suit against the respondent for dower and maintenance in the Family Court. She claimed that though their marriage was solemnized according to Mohammedan Law, the Kabinnama was not registered. They lived as husband and wife together for a considerable time and the marriage was duly consummated. With the passage of time the respondent became more greedy and started demanding dowry from her and at one stage the respondent drove her away from his house. Respondent contested the suit denying the marriage and claimed that the appellant's brother was an employee under him. He misappropriated a sum of taka thirty five thousand from his shop and to divert the said incident, the appellant instituted the suit by making wild allegations. Besides the evidence of the appellant, the Family Court on assessment of the evidence of Shadrul Islam (P.W.2), Madu Mia (P.W.3), Swapan (P.W.4) and Babul Mia (P.W.5) came to the definite finding that the respondent married the appellant and that they lived as husband and wife, and decreed the suit. The Court of appeal below affirmed the judgment. A single Bench of the High Court Division in exercise of revisional jurisdiction reversed the judgments of the courts below and dismissed the suit.