ZARIFI Vs. GH QADIR
LAWS(J&K)-1982-9-11
HIGH COURT OF JAMMU AND KASHMIR
Decided on September 15,1982

Zarifi Appellant
VERSUS
Gh Qadir Respondents

JUDGEMENT

- (1.) BELIEVING the defendants witness that the petitioner was given five tolas of Gold and forty tolas of silver by way of ornaments at or about the time of her marriage, the trial court has refused her the permission to file the suit for recovery of dower debt and maintenance as pauper.
(2.) TODAY I have heard learned counsel 1 for the petitioner alone as no one has appeared on behalf of the respondent despite the fact that the case was called a number of times.
(3.) THE only ground as appears from the judgment of the trial court on which the petitioner has been disappeared is that she received five tolas of gold and forty tolas of silver at or about the time of her marriage. The petitioner as well as her witnesses clearly state that she is left with no property out of which she can pay the court fee on the proposed suit. In these circumstances therefore unless the trial court came to the conclusion that those ornaments weighing five tolas of gold and forty tolas of silver were still with her in tact, she could not have been disappeared. There is no such finding recorded by it. That apart, maintenance has been claimed not only on behalf of the petitioner but on behalf of her minor children as well. Assuming though not granting that she was able to pay the court fee, she was not obliged to pay the same on behalf of her minor children as well. This aspect appears to have been clearly overlooked by the trial court in dispaupering the petitioner. Allowing the revision petition I set aside the order of the trial court and declare the petitioner as a pauper entitled to bring her suit as such. The trial court will now register her application as a regular suit and proceed to dispose it of in accordance with law.;


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