GERMANTHAGI Vs. F ROKUNGA

JUDGEMENT

(1.) This petition under Clause 3 of the Assam High Court (Jurisdiction over District Council Courts) Order, 1954 is preferred against the order dated 18-7-2000 passed by the District Council Court, Aizawl in Civil Appeal No. 17 of 1998.

(2.) The facts, in brief, (as per Memo of appeal) are as follows: The appellant Smt. Germanthangi and the respondent No. 1 were married on 15-3-1962 as per the Mizo Customary Law and out of the wedlock two sons and five daughters were born (subsequently impleaded persons, Respondents Nos. 2 and 3 are the two sons). The appellant filed a case/complaint on 11-3-98 before the Magistrate/ Additional Sub-District Council Court stating that the Respondent No. 1 (her husband) had deserted her on 14-2-98 by way of abandonment as per the Mizo Customary Law, and started living separately with one Smt. Doneihchuaii. She prayed for the distribution of the properties in view of her desertion and the complaint (suit) was registered as Misc. Case No. 6/98.

(3.) The case was contested by her husband pleading that he had not married Smt. Doneihchuaii but has accepted her as his mistress temporarily without divorcing the appellant and accordingly contended that no cause of action has arisen for distribution of the property.