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2004 Supreme(Ori) 439

A.K.SAMANTARAY, P.K.TRIPATHY
RASIDA KHATUN – Appellant
Versus
S. K. ISLAM – Respondent


Advocates Appeared:
A.C.SAHOO, B.K.BISVAL, B.N.Mohanty, M.M.BEHERA, S.DAS, S.N.Sharma

( 1 ) BOTH the above appeals are against the judgment delivered on 4-2-2000 in Civil Proceeding No. 42 of 1993 of the Court of Judge, Family Court, Cuttack. Petitioners in the said Civil Procedure are the appellants in Civil Appeal No. 11 of 2000 whereas respondents in that Civil Proceeding are the appellants in Civil Appeal No. 19 of 2000. For the sake of convenience, appellants in Civil Appeal No. 11 of 2000 are hereinafter referred to as the petitioners and appellants in Civil Appeal No. 19 of 2000 are referred to as respondents.

( 2 ) PARTIES to the proceeding are mahomedans belonging to the Islamic faith and they are governed by their personal law. Petitioner No. 1 claims to be the legally married wife of respondent no. 1 and the petitioner No. 2 to be the male child born out of the wedlock. Respondent No. 2 is the father of respondent No. 1. Petitioner No. 1 filed an application for invoking the jurisdiction of the family court under Section 7 (l) (b) read with (e) of the Family Courts Act, 1984 (in short, 'the Act') for declaration of their status as the wife and son of respondent No. 1. According to her case, taking advantage of their family relationship, by which responde









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