Sheikh Mohammad Anis vs Shabana Khan

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2007 Supreme(MP) 471

N.K.MODY
Sheikh Mohammad Anis – Appellant
Versus
Shabana Khan – Respondent

Advocates:
Darshan Singh for appellant; Sunil Jain for respondent.

ORDER

1. Being aggrieved by the judgment and decree dated 11.10.2005 passed by I ADJ, Dhar in case No. 3-N03 whereby the suit filed by the appellant for realisation of Rs.1 ,50,000/- was dismissed, the present appeal has been filed.

2. Short facts of the case are that appellant and respondent are husband and wife. In the suit filed by the appellant, it was alleged that appellant was married with the respondent on 12.11.1994. The behaviour of the respondent was not cordial with the appellant as according to the appellant, she was involved in love with someone else and marriage took place against her wishes. It was further alleged that respondent requested the appellant to give divorce. It was also alleged that request was made by the respondent repeatedly and frequently and it was also offered that if the appellant agrees to give divorce to the respondent, then the respondent shall not claim Rs. 11,786/- as amount of Mehar, on the contrary, she will pay a sum of Rs. 50,000/- as consideration 'Talakul Kulah". It was further alleged in the plaint that upon the request of the respondent, appellant gave divorce to the respondent on 11.3.1995 and information was sent to the respondent by p