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Sultan Ahmad Vs. Srimati Safra Khatun - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in43Ind.Cas.17
AppellantSultan Ahmad
RespondentSrimati Safra Khatun
Excerpt:
muhammadan law - divorce by wife--tafwiz--kabinnamah, breach of terms of--dower, suit for. - .....dismissed with costs.5. this appeal arises out of a suit or recovery of dower by the wife against the husband.6. now, it has been found that the divorce is valid and there is, no doubt, therefore; that the wife is entitled to her dower.7. this appeal, therefore, must fail and is dismissed. we make no order as to costs.
Judgment:

1. This appeal arises out of a suit for restitution of conjugal rights by a Muhammadan against his wife.

2 It appears that before the marriage, there was a kabinnamah, some of the terms of the kabinnamah being that in case of quarrel between the wife and the members of the husband's family, he should build a separate house for her in the village, that he would give her some ornaments and pay her prompt dower on demand and that he would not marry a second wife without her consent. It was further agreed that on breach of any of the conditions, the wife would be entitled to divorce the husband. It is found that the husband did take a second wife without the consent of the defendant, his first wife, that there was quarrel between the members of the plaintiff's family and the wife and that, in, spite of the latter haying given notice to the husband to provide her with a suitable house, he did not comply with the request.

3. Under these circumstances, the learned District Judge was right in holding that the wife was entitled to divorce her husband under the power given to her in the kabinnamah.

4. The appeal is accordingly dismissed with costs.

5. This appeal arises out of a suit or recovery of dower by the wife against the husband.

6. Now, it has been found that the divorce is valid and there is, no doubt, therefore; that the wife is entitled to her dower.

7. This appeal, therefore, must fail and is dismissed. We make no order as to costs.


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