SHAHID HAMID Vs. NILUFAR MOMTAZ

JUDGEMENT

(1.) This petition for leave to appeal is directed against the judgment and order dated 1st June, 2008 passed by the High Court Division in Civil Order No. 2080 of 2008 summarily rejecting the application.

(2.) Short facts are that the opposite party of this application as plaintiff instituted Family Suit No. 185 of 2006 in the Court of 2nd Assistant Judge and Family Court, Dhaka for realization of dower and maintenance contending inter alia, that marriage was solemnized between her and the petitioner on 19.2.1999 and they started living together. Dower was fixed at Tk. 5,00,001/- and that the marriage was registered by a kabinnama dated 19.9.1999. It was her case that the 19.9.1999. It was her case that the petitioner ousted her from his mess and she lodged a G.D. Entry with Kafrul Police Station to that effect and it was her further case that since 2005 she had not been given any maintenance and that while she was living alone she received a registered talaknama on 19.3.2006. Following talaque a proceeding was started before the City Corporation, Dhaka and the marriage tie ended on 22.5.2006. Thereafter she instituted a suit for realization of dower and maintenance for Tk. 5,00,000/-.

(3.) The defendant contested the suit contending inter alia, that the dower has already been paid and that thereafter he has sent a divorce letter and that the divorce vas ultimately effected upon starting a proceeding by the concerned City Corporation.