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2010 Supreme(J&K) 73

GH.HASNAIN MASSODI
Syed Nissar Hussain – Appellant
Versus
Naseema – Respondent


Advocates Appeared:
Advocate For Appellant: J.I. Ganai
Advocate For Respondent: J. Andrabi

1. Both, the plaintiff and the defendant are aggrieved of the judgment and decree of learned District Judge, Anantnag, in civil suit titled Mst. Naseema v. Syed Nissar Hussain (File No.205/N) though for different reasons. The appellant is aggrieved that learned trial judge has held the Mehar (Dower), fixed at the time of marriage of the parties as 2500 Ashrafis (God Sovereign) regardless of the evidence on the file, the spirit of Shariah and the provisions of Jammu & Kashmir Muslim Dower Act and proceeded to pass a decree for Rs.7,56,000/- against the appellant. The respondent in her objections treated as cross appeal is aggrieved that learned trial judge has arbitrarily held one Ashrafi equal to 1.250 gms of gold and thus refused to grant a decree in favour of the respondent for an amount of Rs.96,25,000/- representing market value of 2.50 Kgs gold (2500 Ahsrafis of 10 gm each).

2. The admitted facts are as under:

The appellant entered into a wedlock with the respondent on 11.10.1976 at Munda, Qazigund, Anantnag. The Mehar was fixed as 2500 Ashrafis out of which 900 Ashrafis were fixed as "Moujal" or prompt and 1600 as "Movajal" or deferred. The parties after their marriage had cord



















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