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DISTRICT - BARISAL
IN THE SUPREME COURT OF BANGLADESH
HIGH COURT DIVISION
(CIVIL REVISIONAL JURISDICTION )
CIVIL REVISION NO
OF 2012
IN THE MATTER OF :
An application under section 115(1)
of the code of Civil Procedure
AND
IN THE MATTER OF:
Md. Farukul Islam Nabi
son of Md. Giash Uddin Nabi
Of village - Ashli Shontoshpur
Police Station - Mehendigonj
District - Barisal
.................Defendant Appellant
petitioner
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VERSES
(1) Most. Rahima Begum
Wife of Md. Farukul Islam Nabi
daughter of Abdul Makbul Hossain
Shikder
(2) Noman (Minor)
(3) Taifur (Minor)
both are the sons of Md. Farukul
Islam Nabi Represented their mother
Most. Rahima Begum
All are of Village- Ashli Shontoshpur
District - Barisal
...............Plaintiff of Respondent
Opposite parties
AND
IN THE MATTER OF :
Judgment
and
decree
dated
26.08.2012 and decree signed on 308- 2012 Passed by Mr. Md. Ali Haider, the learned Judge of Jana
Nirapatta
Bighnokari,
Aparadh
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Daman Tribunal and District Judge,
Special District Judge Adalat Barisal
in Family Appeal No. 22 of 2011
affirming the judgment and decree
dated 30-5-2011 and decree signed on
1-6-2011 passed by Mrs. Begum
Nahid Nasrin, the learned judge of
family Court and Assistant Judge
Mehendigonj Barisal in Family Case
No.8 of 2008.
SUIT VALUED AT TK .
2,85000/=
APPEAL VALUED AT TK. 2,85000/=
To
Mr. Justice Md. Muzammel Hossain, the Hon'ble Chief Justice
of Bangladesh and his companion Justices of the said Hon'ble Court,
The humble petitioner of the above
named petitioner most respectfully:
S H E W E T H;
1.
That the plaintiff Respondent opposite parties field Family Case
No.8 of 2008 before the Family Court Mehendigonj Barisal as
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a prayer for TK. 1,50000/= Moharana and TK 135000/= as
maintenance from the defendant petitioner.
2.
That the case of the plaintiff Respondent opposite parties in
short is that the plaintiff No.1, Most Rahima Begum and the
defendant petitioner got married themselves on 17-3-2003
fixing dower of taka. 150,000/= but the marriage was not
registered. During their wedlock two sons were born. Thereafter
defendant used to make demand of dowery and began to ill treat
with her for non payment of dowery Money. Thereafter
defendant out set her with her children
on 10-10-2001.
Thereafter the plaintiff No.1 demanded her dower money and
maintenance of her children but the defendant refused to pay
the same. Hence the plaintiffs filed the instant Case.
3.
That the defendant contented the suit by filing written
statements. The plaintiff No. 1 demanded her dower money
from the petitioner and the petitioner paid the said dower
money. The petitioner also paid her maintenance and her sons.
The defendant divorced her on 10-12-2007
4.
That the plaintiff opposite parties adduced 3 (three) witnesses
and field some documents to prove their Case while the
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defendant petitioner adduced 3 (three) witnesses and filed
some documents to prove this case
5.
That the learned Court below did not justify the witnesses in the
judgment.
6.
That the learned Family judge Adalat without considering the
facts and circumstances of the Case and evidence on record
illegally decreed the suit on contest
7.
That being aggrieved by and dissatisfied with the said judgment
and decree the defendant petitioner filed an appeal and the
appeal was heard by the learned Judge of Jana Nirapatta
Bighnokari Aparadh Daman Tribunal and District Judge,
Special District Judge Adalat Barisal who most illegally
affirmed the judgment and decree of the trial Court.
8.
That being aggrieved by and dissatisfied with the judgment and
decree dated 26-08-2012 passed by the learned Appellant Court
in Family Appeal No.22 of 2011, the defendant Appellant
petitioner begs to move this Civil Revision before your
Lordship on the following amongst other.
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GROUNDS
I.
For that the learned counts below committed serious error of
law by misreading mis appreciating and mis conceiving the
evidence on record
resulting in an error in the decision
occasioning failure of Justice.
II.
For that the learned count below haring been misconceived and
on non considering of maternal facts in evidence without
appealing Judicial mind passed the judgment and decree and
thus committed error of law as well as facts resulting error in
their decision occasioning failure of Justice.
III.
For that the plaintiffs did not prove their case by producing oral
and documentary evidence.
IV.
For that the marriage was not registered and the dower money
of TK. 150000/= was not fixed by the consent of the petitioner.
V.
For that the impugned judgment and decree are Neigther proper
nor in accordance with the law in the facts and circumstances of
the case and therefore non sustainable.
Wherefore, it is most humbly prayed
that your Lordship would graciously
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be pleased to call for the records and
issue a Rule calling upon the opposite
parties to show cause as to why the
impugned judgment and decree dated
26-8-2012 and decree signed on 30-82012 passed by Mr. Md. Ali Haider
the learned Justice of Jana Narapatta
Bighnokari Aparadh Daman Tribunal
and District Judge Special District
Judge Adalat Barisal in Family
Appeal No .22 of 2011 affirming the
judgment and decree dated 30-5-2011
and decree signed on 1-6-2011 passed
by Mrs. Begum Nahid Nasrin, the
learned Judge of Family Court and
Assistant Judge, Mehendigonj Barisal
in Family Case no.8 of 2008 shoud
not be set aside and after perusal of
the records and show cause if any
shown, heard the parties make the
Rule absolute and / or pass such other
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or further order or orders as to your
Lordship may deem fit and proper.
AND
Pending hearing of the Rule your
Lordship
pleased
further graciously be
to
stay operate
of the
Judgment of decree dated 30-5-2011
passed by the learned Judge of Family
Court
and
Assistant
Judge
Mehendegonj Barisal in Family Case
No. 8 of 2008 .
And for this act of kindness, the petitioner, as in duty bound shall ever
pray.
AFFIDAVIT
I, Md. Farukul Islam Nabi , son of Md. Giash Uddin Nabi of
Village - Ashli Shontospur, Police Station-Mehendigonj
District-Barisal, aged about-42 years, by faith- Muslim, by
Profession-Business, by Nationality- Bangladeshi, by birth,
do hereby solemnly affirm and say as follows:
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1.
That I am the Tadbirkar of the case and I am we
conversant with the facts and circumstances of the case
and competent to swear this affidavit.
2.
That the statements made herein above are true to the
best of my knowledge and belief.
Prepared in my office.
------------------------Advocate
[
------------------------Deponent
Solemnly affirmed before
The Deponent is known to
me by the said deponent on
me and identified by me.
this
the..........th
December, 2012.
day
of
-------------------------Advocate
COMMISSIONER OF AFFIDAVITS
SUPREME COURT OF BANGLADESH
HIGH COURT DIVISION, DHAKA.