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A.K.Shrivastava
Mumtazul Karim – Appellant
Versus
Vikarun Nisha – Respondent
1. This first appeal under Section 96 C.P.C. has been filed by defendant against judgment and decree of divorce dated 08.03.1996, passed by learned District Judge, Seoni in C.S. No.11-A/1993.
2. In brief, the case of plaintiff-respondent is that her husband (defendant) is Sunni Musalman and similarly she too is Summi Musalman and are being governed by Hanfi law. In Muslim Community, the Dissolution of Muslim Marriages Act, 1939 (in short the Act of 1939) is applicable. The marriage between plaintiff and defendant took place on 23.05.1982 and both of them lived together few days earlier to 05.06.1987 but with effect from 05.06.1987, they are residing separately. It is also the case of the plaintiff that a daughter has been born out of their wed-lock and whose name is Shahnaz Bano. Further it has been pleaded that in the year 1990 defendant has solemnized a second marriage in village Chidi, Tahsil Lakhnadon on 16.07.1990. The plaintiff through her counsel sent a notice to the defendant to make payment of Mehar and the said notice was replied by defendant on 31.07.1990. All these facts are not disputed.
3. As per the case of plaintiff, after six months of her marriage, the mo
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