Sk. Hasibul Alam vs Sg Saida Khatoon & Ors
2022 Latest Caselaw 8425 Cal

SAT 234 of 2008 Item-16.

           16-12-2022
                                                 Sk. Hasibul Alam
                                                      Versus
  sg                                           Saida Khatoon & Ors.
             Ct. 8

The matter appeared in the warning list on 29 th November,

2022 and thereafter transferred to the regular list on 5th December,

2022. There was a clear indication in the list that the matter shall

be transferred to the daily cause list on 5 th December, 2022 and

since then the appeal is appearing in the list.

The appellant is not represented nor any accommodation is

prayed for on behalf of the appellants. The appeal is of the year

2008.

The appellate decree dated 7th February, 2008 affirming the

judgment and decree dated 8th August, 2003 in a suit for

declaration and permanent injunction is the subject matter of

challenge in this second appeal.

Briefly stated; the plaintiff used to work as assistant mason

at the time of construction the house of one Panna Lal

Bhattacharjee, since deceased. Saida Khatoon also worked as co-

worker and in course of their job, she proposed the plaintiff for

marriage, which the plaintiff refused in the year 1993. Khatoon

filed a Misc. Case under Section 125 of Cr.P.C. in the year 1996

claiming maintenance allowance for herself and one male child,

who was born on 27th March, 1996. The plaintiff claimed that

since there was no marriage, the aforesaid proceeding is not

maintainable. He filed a suit for declaration claiming that no

marriage had taken place between the plaintiff and the defendant

no.1. The defendant no.1 contested the proceeding.

The learned Trail Court as well as the learned First

Appellate Court have relied upon the birth certificate of the child

and statements of the witnesses corroborating the marriage

between the parties. The evidences of the persons who have

special knowledge about such relationship and were also seen the

parties living together as husband and wife were examined and

their evidences are relevant under Section 32(5) read with Section

50 of the Indian Evidence Act for the purpose of deciding the

issue.

The Trial Court relying upon such oral and documentary

evidences has dismissed the suit. The First Appellate Court on the

same set of facts and documents arrived at the same finding.

The findings of facts arrived at by both the courts on the

basis of the oral and documentary evidences do not appear to be

perverse.

The second appeal stands dismissed at the admission stage.

However, there shall be no order as to costs.

(Uday Kumar, J.)                                (Soumen Sen, J.)