IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.290 of 2008 AKHTAR HUSSAIN Versus THE STATE OF BIHAR & ANR ----------- 4. 12.9.2008 Heard counsel for the petitioner. In view of statement made in the application (I.A. No. 1422/2008) the delay in filing of this Civil Revision application is condoned. Coming to the merits in the opinion of this Court the impugned order directing payment of dower amount and expenses of iddat as also articles to the wife by the petitioner quantifying Rs. 40,000/- in all cannot be said to be either excessive or illegal. This Court has examined the evidence on record including the deposition of the witnesses, particularly that of the wife opposite party and the petitioner husband. From the perusal of the same it would transpire that while the wife even in her cross-examination has reiterated and stuck to her old stand that she was never divorced by the husband nor she had given divorce to the husband, the petitioner had taken a contrary plea in his deposition but 2 when asked to produce a Talaknama he failed to do so. He also could not produce any paper to show that as a consequence of divorce there was any payment made on the head of dower amount or iddat. His whole story in fact got exposed in his own cross- examination where he had come out to say that even though the Talak was given or the amount of iddat and dower were refunded but then he would remember that a sum of Rs. 150/- was returned by way of dower amount and a she-buffalo was given in form of iddat. From the aforementioned perusal of the evidence of the wife and the husband it would thus appear that the story of divorce and payment of dower and iddat by the petitioner is virtually a cock and bull story and has been rightly rejected by the court below. That apart this Court has gone into the impugned order where not only the court below has scanned the entire evidence as adduced by the parties but has also recorded a finding that even though the lady (wife) is living separately for the last 32 years 3 she was not paid any amount on the head of dower or iddat. The court below has also recorded that there was no evidence to prove divorce but taking into account the attitude of the petitioner that he had divorced his wife and had entered into a second marriage from whom he has already seven issues, the court has proceeded to grant amount of iddat and dower and cost of articles given at the time of marriage. The consolidated value of such items being quantified at Rs. 40,000/- cannot be said to be excessive or illegal in any manner. Thus, this Court would find no merit in this application and the same is dismissed with a direction to the petitioner to pay the amount within a period of three months from the date of receipt/ production of a copy of this order. (Mihir Kumar Jha,J.) Surendra/