Orissa Court August 2002 Judgments
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Mustafiran Bibi and ors. Vs. Abdul Rasid Khan
Court: Orissa
Decided on: Aug-01-2002
Reported in: 94(2002)CLT275; I(2003)DMC81; 2002(II)OLR433
B. Panigrahi, J. 1. The appellant No. 1 and her three children had prayed for monthly maintenance at the rate of Rs. 2000/- and arrear maintenance for Rs. 34,400/- for the period from 1.8.1990 till 6.1.1992 along with dower dues amounting to Rs. 4005.25 before the learned Judge, Family Court, Cuttack. They had also claimed return of the dowry articles like cash, ornaments, furnitures, clothing etc. from the respondent. 2. The respondent on the other hand had taken a plea that the appellant No. 1 was a divorcee with effect from 13.12.1991, and as such the proceeding is not maintainable in view of Section 3 of the Muslim Women (Protection of Rites on Divorce) Act, 1986, (hereinafter referred to as the 'Act'), according to which a Muslim divorcee shall only be entitled to meher and other Dower. It was further claimed that an application under Section 125, Cr.P.C. is not maintainable in view of Section 3 of the Act. The point of jurisdiction had also been taken by the respondents. The lear...
Sucheta Pradhan Vs. Sankarsan Nayak
Court: Orissa
Decided on: Aug-01-2002
Reported in: AIR2003Ori165; 94(2002)CLT355
B. Panigrahi, J. 1. The present appeal has suffered a chequered history. The respondent who is the appellant's husband filed an application under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as the 'Act') read with Section 7 of the Family Courts Act praying for passing a decree of divorce. The marriage of both the spouses, namely the appellant and respondent, was solemnised on 5.5.1997 in accordance with Hindu rituals. After such marriage, they led happy marital life for some time, but unfortunately no issue was born to them. The respondent has been working as a lecturer so also the appellant is working as a teacher in primary school. It has been alleged by the respondent that since there was frequent dissension, dispute and quarrel between himself and the appellant, it was impossible for him to continue with her. The appellant-wife was alleged to have behaved in such a fashion that it caused such mental cruelty which added extra load on the camel's back. Bittern...
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