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1958 Supreme(Ker) 182

VARADARAJA IYENGAR, SANKARAN
Kochu Muhmmad Kunju Ismail – Appellant
Versus
Mohammad Khadeeja Umma – Respondent


Judgment :-

1. This appeal is by the complainant in a private prosecution for offences under S.494 and 114 I. P. C. and is directed against the judgment of acquittal entered by the court below.

2. The complainant had married the 1st accused in Mithunam 1116. They both came from the village of Thalayolaparamba in North Travancore and belonged to the Shia sect of Muslims. They lived together cordially till 22-9-1121 when the 1st accused left the complainant for her father the 2nd accused's house for good. According to her, she was driven out forcibly by the complainant after divorcing her by words of "Talak" pronounced. She accordingly filed suit O. S.426 of 1122 on the file of the Vaikom Munsiff's Court for recovery of Mahar and also certain movables The court however found against the allegation of divorce by the complainant, but still gave judgment in favour of the 1st accused for the value of the movables: vide Ext P-4 judgment dated 17-6-52. While that suit was pending, the complainant filed O. S.175/1124 before the Alleppy District Court, against the 1st accused and her father as 1 and 2 defendants, for restitution of conjugal rights. That suit was contested by the 1st accused o


































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