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1992 Supreme(All) 35

K.C.BHARGAVA
KUMARI KANIZ FATEMA ALIAS SUDUHI – Appellant
Versus
SYED SARVAR HUSAIN RIZVI – Respondent


Advocates Appeared:
G.B.Mathur, K.B.SINHA, S.Mirza

K. C. BHARGAVA, J.

( 1 ) THIS is a Habeas Corpus petition under Art. 226 of the Constitution of India.

( 2 ) THE allegations, briefly stated, are that the mother of the petitioner Smt. Shaveeh Zehra alias Nishat at the time of the marriage did not know that opposite party No. 1 Syed Sarvar Husain Rizvi has also married earlier. The petitioner;s mother was married to opposite party No. 1 on 10-5-1984 at Lucknow, and a dowry was also given. The petitioner was born on 25-12-1985. The opposite party No. 1 started making demands from his first wife which was not complied with, hence she was divorced by opposite party No. 1. As the parties are Shia the alleged divorce is not binding and the first wife still continues to be the wife of opposite party No. 1. After the birth of the petitioner, the opposite party No. 1 started neglecting the petitioner;s mother. The apposite party No. 1 used to call girls in absence of his parents. The opposite party No. 1 forced the petitioner;s mother to cook food for the girls who used to visit that place. She was even asked to wash the clothes etc. of those girls. The opposite party No. 1 also used to demand money from time to time. The opposite party No.







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