SYED NISSAR HUSSAIN Vs. NASEEMA

JUDGEMENT

(1.) Both, the plaintiff and the defendant are aggrieved of the judgment and decree of learned District Judge, Anantnag, in civil suit titled Mst. Nasema v. Syed Nissar Hussain File No. 205/N though for different reasons. The appellant is aggrieved that learned trial Judge has held the Mehar (Dower), fixed at the time of marriage of the parties as 2500 Ashrafi's (gold sovereign) regardless of the evidence on the file, the spirit of Shariah and the provisions of Jammu and Kashmir Muslim Dower Act and proceeded to pass a decree for Rs. 7,56,000/- against the appellant. The respondent in her objections treated as cross appeal is aggrieved that learned trial Judge has arbitrarily held one Ashrafi equal to 1.250 gms of gold and thus refused to grant a decree in favour of the respondent for an amount of Rs. 96,25,000/- representing market value of 2.50 kgs gold (2500 Ahsrafi's of 10 gm each).

(2.) The admitted facts are as under:

(3.) The learned trial Judge on perusal of the pleadings and other material settled following issues: