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1976 Supreme(Cal) 290

R.BHATTACHARYYA
NURJAHAN BIBI – Appellant
Versus
MD. KAJIM ALI – Respondent


Advocates Appeared:
Barindra Nath Roy, J.ISLAM

R. BHATTACHARYA, J.

( 1 ) THIS second appeal is by the plaintiff Nur Jahan Bibi against the judgment and the decree passed by the Additional District Judge, Murshidabad in the first appeal seting aside the decision of the learned Munsif of the trial court decreeing the suit of the plaintiff.

( 2 ) NUR Jahan Bibi filed the original suit against the defendant Md. Kejem Ali for dissolution of her marriage with the latter. The allegation of the plaintiff is that she was married with Kajem Ali according to Mahommedan Law. In the year 1964, she brought a suit against the defendant for dissolution of her marriage. In that suit the defendant submitted a written statement and therein he stated that the plaintiff was of bad character, that she was enamoured of one Asgar Ali and that she committed adultery with him. During evidence also the defendant made such statement. In consequence of these statements of the defendant, she is entitled to dissolve her marriage with the defendant on the basis of 'li'an'. It has been alleged by the plaintiff that those allegations are false and they were not retracted by the defendant. The defendant Kajem Ali filed a written statement and his defence is th






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