DR. MD. ABDUL JALIL SARDER Vs. SELINA AKHTER

JUDGEMENT

(1.) This petition for leave to appeal is directed against the judgment and order dated 02.02.2006 passed by the High Court Division in Civil Revision No.2196 of 1990 discharging the Rule.

(2.) Short facts are that the plaintiff instituted Other Class Suit No.45 of 1986 in the Court of Assistant Judge, Gaibandha stating, inter alia, that the plaintiff as M.B.B.S. doctor while was doing internship in Rangpur Medical College Hospital, he went on a pleasure trip with his friend Dr. Azizul Hoque on 07.10.1985 to Nilfamari Town. At Nilfamari they went to a house where the father of the defendant along with others told him to marry the defendant. The plaintiff refused the proposal but he was put under fear of death and finding no way out he had to put his signature on the alleged Nikahnama and the alleged marriage was not consummated.

(3.) The defendant contested the suit by filing a written statement denying the material allegations made in the plaint. The case of the defendant is that she was a Senior Staff Nurse serving in the Rangpur Medical College Hospital and the petitioner gave proposal for marriage with her through one of his friends and the said marriage was a legal one which took place with the consent of both of them and the same was duly consummated and a son was born out of that wedlock.