Mohammad Saddiq vs Wafati - 1947 Supreme(Oudh) 2

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1947 Supreme(Oudh) 2

GHULAM HASAN
Mohammad Saddiq – Appellant
Versus
Wafati – Respondent

JUDGMENT

Ghulam Hasan, CJ - This appeal is filed by the minor and his mother against the minor's father and arises out of guardianship proceedings. The case has had a chequered history and affords a typical instance of the manner how the process of the Court has been abused for a long number of years.

2. There has been unpleasant litigation between Wafati respondent and his former wife Rasoolan. She was married in 1931 and divorced in 1938. There were two issues of the marriage Nur Muhammad and Muhammad Siddiq, the former being elder of the two by a couple of years. Mohammad Siddiq was born on 23rd September 1936. Wafati has remarried and has got two children from the second wife.

3. Rasoolan obtained a decree for Rs. 4 as maintenance under Section 488, Criminal P.C. some time in 1938. On 30th November 1938, she applied for maintenance of her minor son Mohammad Siddiq. She got a decree of Rs. 5 but this was reduced to Rs. 3 by the appellate Court on appeal by Wafati. This amount was not regularly paid and when it was, it was deposited in the Magistrate's Court and not paid direct to Rasoolan. Rasoolan got a decree for Rs. 500 for dower against Wafati on 6th May 1940. Admittedly thi

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