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1950 Supreme(Nagpur) 59

MUDHOLKAR
JAMILA KHATUN – Appellant
Versus
KASIM ALI ABBAS ALI – Respondent


Advocates Appeared:
A Razak, D T Mangalmurti, M R Bobde, Advocates

JUDGMENT

Mudholkar, J—This is a second appeal by a Muslim wife from the dismissal of her suit for dissolution of her marriage with the resp Kasim Ali.

2. It is common ground that the applt. who belongs to Raipur, was married to the resp. who is a business man at Bemetara, on 23-4-1944. After her marriage the applt. went with her husband to Bemetara & lived with him for some time. She has no parents but one Hazrat Gul of Raipur treated her as his own daughter. (I would refer to him as her adoptive father). He brought her back to Raipur from Bemetara on 20-5-1944. Then sometime in the month of June, her husband fetched her back to his house. In the month of September she took ill & so she returned to her adoptive father's house at Raipur. That was towards the end of September. It may be mentioned that she was actually taken there by her father-in-law. Ever since then, she has stayed at Raipur & despite the request of her husband, has refused to return to Bemetara & live with him.

3. On 30-10-1946 the applt. served a notice on the resp. calling upon him to grant her a divorce & pay her dower but the latter declined to grant her a divorce & stated that he had not abandoned her & was willi


























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