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2019 Supreme(Gau) 938

MIR ALFAZ ALI
Chayna Begum Barbhuiya – Appellant
Versus
Md. Uddin Laskar – Respondent


Advocates Appeared:
S. Alam, Adv.

JUDGMENT :

Mir Alfaz Ali, J.

This second appeal by the defendant is against the judgment and decree passed by learned Civil Judge, Hailakandi in T.A.No. 3/2010, whereby the learned first appellate court dismissing the appeal filed by the defendants affirmed and upheld the judgment and decree passed by learned Munsiff, Hailakandi in T.S.No. 64/2006.

2. The respondent herein, as plaintiff, filed a suit (T.S. No. 64/2006) for declaration that the defendant No. 1 (respondent herein) is not the wife of the plaintiff and respondent No. 2 is not the son of the plaintiff and they are not entitled to any maintenance from the plaintiff. Declaration was also sought to the effect that the defendant No. 2 was the illegitimate son of the respondent No. 1. The pleaded case of the plaintiff was that he never married the defendant No. 1 and the defendant No. 2 was not fathered by him. He also denied any sexual relationship with the defendant No. 1. The plaintiff stated that defendant No. 1 is a lady of ill repute and loose moral character and various people used to visit her residence. The defendant No. 1 got pregnant by some other person and falsely lodged a criminal case against the plaintiff alleg

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