http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 20
PETITIONER: RAZIA BEGUM
Vs.
RESPONDENT: SAHEBZADI ANWAR BEGUM & OTHERS
DATE OF JUDGMENT: 23/05/1958
BENCH: SINHA, BHUVNESHWAR P. BENCH: SINHA, BHUVNESHWAR P. IMAM, SYED JAFFER KAPUR, J.L.
CITATION: 1958 AIR 886 1959 SCR 1111
ACT: Civil Procedure-Addition of parties-Declaratory suit-Claim of status as married wife Admission by husband-Right of wife and son denying plaintiff’s claim, to be added as Parties- Mohammedan law-Code of Civil Procedure (Act V of 1908), O. I, r 10(2)-Specific Relief Act (1 of 1877), ss. 42, 43.
HEADNOTE: The appellant instituted a suit against the third respondent, inter alia, for a declaration that she was his lawfully married wife, alleging that though the fact of her marriage was known to all who knew him, he was trying to suppress the facts in such a way that the members of his family should conclude that she was not his Nikah wife, that he refused to openly acknowledge her as his legally wedded wife and that this conduct on his part had cast a cloud on her status as such wife and was affecting the rights of the issue of the marriage, her three daughters. The third respondent filed his written statement admitting the claim, but on the same date respondents i and 2 made an application under 0. i, r. 10(2), of the Code of Civil Procedure for being impleaded in the suit as defendants ...