^ ^' ^^^ IN THE HIGH COURT OF CHHATISGARH AT BILASPUR LM2. F.^. No. ^ OF 2008 z Appellant ISJ'6n-applicant Xespondent ^Applicant ^•^•^^^'..o'-"^' ^^^' [ohd. Ashfaque Quadari, aged about 29 years, S/o. Aziz Quadari, Caste Musalman, Resident of Turkapara Chandani Chowk, Raigarh, Tahsil and District Raigarh (C.G.) VERSUS 'Smt. Shahnaz Firdaus, aged about 23 ,years, W/o. Ashfaque Quadari, Caste Musalman, Resident of MIG 29 Phase I, Dr. Raiendra Prasad Nagar, ^^-^7~.'. ~' -^---.-"-.--———o-, Tahsil and District Korba (C.G.). .6- ^•^' ^ t^^O FIRST APPEAL UNDER SECTION 19 OF THE FAMILY CQURTS ACT a^.s^1.^ HIGH COURT OF CHHATTISGARH AT BILASPUR F.A. (M) No. 56/2008 APPELLANT Mohd. Ashfaque Quadari Versus RESPONDENT Smt. Shahnaz Firdaus DB:- HON'BLE SHRI I.M. QUDDUSI & HON'BLE SHRI N.K. AGARWAL, JJ PRESBNT:- Smt. Hameeda Siddiqui, Advocate for the appellant. Shri Ravish Verma, Advocate for the respondent. OJ? A L 0 RD E R (16-9-2010) Per I.M. Ouddusi, J 1. This appeal has been filed against the impugned judgnient and decree dated 18-2-2008 passed by the Family Court, Korba in Civil Suit No. 2/2007 decreeing the suit in favour ofthe plaintiff/respondent. 2. Facts of the case in brief are that marriage of the appellant and the respondent was solemnized on 14-4- 2005 according to Muslim customs and the appellant accepted to give amount of meher Rs. 40786/-. After marriage, the appellant/ husband started torturing her for deraand of dowry, he used to abuse and beat her. When she could not fulfill his demand of dowry, the husband left her to her maternal home. It is an admitted fact that divorce has taken place between them. The respondent/wife filed a suit before the Family Court for recovery of Rs. 40,786/- as amount of Meher. Learned Family Courf decreed the suit in favour of the respondent. Against which the appellant has filed the instant appeal. 3. Learned Court below framed the issues and decided the sarae on the basis of Hindi translation of the Nikahnama of the marriage solemnized between the appellant and the respondent but we have found difference in the column given in Urdu that is the IIV'. p^ ^. ^ 2 original Nikahnama as well as in the translated copy of the sarae in Hindi with regard to the kind of Meher. In original Nikahmana the column is as under:- <<Chalees Hajar Saat So Chhiyasi Rupaye Moajjal Tafseel Meher 40,786=00 Muwajjal" In English translation, Teh'seel Meher means details of Meher, Moajjal means Prompt, Muwajjal means deferred. It has not been decided by the Court below as to whether the amount of Meher was prompt or deferred and if prompt, whether the same were to be compulsorily paid and whether if the same were not paid. Therefore, without going into merits of the case, we allow this appeal in part and set aside the impugned judgment and decree and remand the matter to the Court below for disposal afresh in the light of the observation made above. True Hindi translation of the Urdu Nikahnama is required. It will be open for the Court below to reframe the issues and decide the suit afresh after affording opportunity to the parties concerned to adduce additional evidence if they desire to do so or recall the witness. The suit shall be decided afresh without being influenced by the finding already given in the suit as early as possible preferably within a period of sbc raonths from the date of appearance of the parties. Sd/- I. M. Quddusi Judge Sd/- N.K. Agrawal Judge p/ ^^hl^ -^^^•'•-:-'^^m^^^^^