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2021 Supreme(Kar) 393

KRISHNA S.DIXIT
Ezazur Rehman, S/o. M. G. Ghouse – Appellant
Versus
Saira Banu – Respondent


Advocates Appeared:
For the Petitioner: Sri. K.N. Haridasan Nambiar.
For the Respondent: Smt. Rashmi C.

ORDER :

This is yet another case of a hapless Muslim divorced wife battling for two decades for executing a maintenance decree; this again reminds of what the Privy Council lamented more than a century & a half ago about the difficulty a decree holder faces in the execution proceedings in THE GENERAL MANAGER OF THE RAJ DURBHANGA VS. MAHARAJAH COOMAR RAMAPUT SINGH, MOORE’S INDIAN APPEALS (1871-72), VOL.14, PAGE 605, it is worth mentioning :

    “These proceedings certainly illustrate what was said by Mr.Doyne, and what has been often stated before, that the difficulties of a litigant in India begin when he has obtained a Decree…”

The Apex Court in its recent decision affirming the judgment of this court has expressed its concern & aguish against protraction of execution proceedings and advised all the courts of the country to ensure their expeditious disposal vide RAHUL SHAH VS. JINENDRA KUMAR GANDHI & ORS. 2021 SCC Online SC 341.

2. The brief facts that led to the ex-husband filing of this writ petition are as under:

(i) Parties are Sunni Muslims; they had contracted marriage in March 1991; mehr was fixed at Rs.5,000/-; walima was organized at Madikeri; this marriage was short lived; wife c

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