MST. ROUSAN ARA Vs. ALHAJ MST. HAZERA BEGUM ALIAS HAZERA KHATUN

JUDGEMENT

(1.) This petition for leave to appeal is directed against the judgment and order dated 09.11.2002 passed by a Single Bench of the High Court Division in Civil Revision No. 4897 of 1998 discharging the Rule.

(2.) The plaintiff instituted other Class Suit No.274 of 1988 in the Court of Additional Assistant Judge, 1st Court, Rajshahi Sadar for a declaration that the plaintiff was the only legally married wife of late Alhaj Faruque Hossain till his death stating, inter alia, that she married late Alhaj Faruque Hossain, son of late Abdul Malek fixing a dower money of Tk. 3,001/- on 26.07.1981 under the Muslim Family Laws Ordinance. Late Alhaj Faruque Hossain was a retired police officer and after the death of his first wife, Morzia Khatun she was married to the said late Alhaj Faruque Hossain. The further case of the plaintiff is that she was a widow before her marriage with Alhaj Faruque Hossain and both of them has no children. The defendant No.1 was appointed as maid servant by the plaintiffs husband to look after the household affairs of said Alhaj Faruque Hossain and she was working till the death of late Alhaj Faruque Hossain. The plaintiff performed her iddat and others religious formalities. Thereafter, the defendant No.1 claimed herself to be the wife of late Alhaj Faruque Hossain for the first time on 10.11.1988. The further case of the plaintiff is that late Alhaj Faruque Hossain never divorced her and he did not marry the defendant No.1 of the suit.

(3.) The defendant No.1 contested the suit by filing written statement denying the material allegations made in the plaint. Her case is that the plaintiff has no locus-standi to file this suit. Late Alhaj Faruque Hossain acquired some properties in the benami of his first wife Morzia Khatun who instigated him to make wakf of those properties. Late Alhaj Faruque Hossain then filed other class suit No. 377 of 1962 in the Court of Subordinate Judge (now Joint District Judge), Rajshahi. In that suit Morzia Khatun admitted that she was benamder. Thereafter, Alhaj Faruque Hossain died. The present plaintiff was brought from India by her relation Kazi Abdus Sami and she was married with late Alhaj Faruque Hossain on 26.07.1982 and she secretly smuggled the household goods of late Alhaj Farque Hossain and as a result Alhaj Faruque Hossain divorced her on 27.03.1983 by a registered Talaknama and married defendant No. 1 on 16.04.1983 by a registered Kabinnama.