AZIZ Vs. NARO
LAWS(HPH)-1954-11-1
HIGH COURT OF HIMACHAL PRADESH
Decided on November 16,1954

AZIZ Appellant
VERSUS
MT.NARO Respondents

JUDGEMENT

Ramabhadran, J. - (1.) This second appeal by plaintiff' against the decision of the learned District Judge, arises out of a suit for restitution of conjugal rights, which was valued at Rs. 1,000/-.
(2.) The decision turns upon the interpretation of the Niqahnama, Ex. D-A, which has been reproduced, in extenso, by the learned Senior Subordinate Judge, Chamba. It is common ground that Mt. Naro, respondent, has married Habib, respondent. Mt. Nara sought to justify her action on the ground that, according to the terms of the Niqahnama, her previous marriage with the plaintiff, Aziz, was automatically dissolved, when the letter contracted a second marriage. The trial Court did not accept the interpretation of the Niqahnama put upon it by Mt. Naro. It has pointed out that, according to the terms of the Niqahnama, if the plaintiff contracted a second marriage, all that Mt. Naro was entitled to, was a maintenance allowance of Rs. 10/- p. m. at her father's house. In the absence of evidence to show that the plaintiff had refused to pay the dower money, or the maintenance, as provided in the Niqahnama, the trial Court rejected the contentions put forward by the defendant and decreed the suit.
(3.) In appeal, the learned District Judge took a contrary view and came to the conclusion that the remarriage of the plaintiff amounted automatically to a pronouncement of 'Talak'. Consequently, he non-suited the plaintiff. Hence, this second appeal.;


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