ORDER :- Stripped of unnecessary detail the petitioner Monjila Bibi was admittedly married with the opposite party No. 1 Noor Hossain on the 6th March, 1986, according to Muslim Rights when a Kabinnama was executed. She contended that after the mar­riage she came to know that the said opposite party was not a medical graduate as re­presented before the marriage and further, she was ill-treated at her husbands place and ultimately driven away. In this situation, she dissolved the marriage by virtue of the auth­ority delegated to her by her husband as recorded in the Kabinnama and executed a divorce deed before the Muslim Marriage Registrar and Kazi on the 27th February, 1988. The divorce was communicated to the said opposite party but as he did not pay any maintenance and dower and other properties given to her at the time of marriage as noted in the Kabinnama, she made an application under Section 3 of the Muslim Women (Pro­tection of Rights on Divorce) Act, 1986, before a competent Magistrate for appropriate relief.

2. This application was sought to be resisted on behalf of the said opposite party mainly, on the ground that the petitioner was not a divorced woman as there