(1)
IN THE HIGH COURT OF JUDICATURE FOR
RAJASTHAN AT JAIPUR BENCH, JAIPUR
D.B. CIVIL MISC. APPEAL NO. ______/2023
Azamuddin S/o Shri Sharif Khan, aged about 24 years, R/o
Village Rupbas, Tehsil Malakheda, Alwar (Raj.).
Appellant/Plaintiff
VERSUS
Smt. Muniza Bano W/o Azamuddin D/o Deri Kanwar
Chand, aged about 22 years, R/o Village Rupbas, Tehsil
Malakheda, Alwar (Raj.), at present R/o Samola, Ward No.
14, City Alwar (Raj.).
Respondent/Defendant
D.B. CIVIL MISC. APPEAL UNDER SECTION 19 OF
THE FAMILY COURTS ACT, 1984 AGAINST THE
ORDER AND JUDGMENT DATED 24.05.2023
PASSED BY SHRI JAGMOHAN AGARWAL-SECOND,
R.J.S. (DISTRICT JUDGE CADRE) LEARNED
FAMILY COURT NO. 1, ALWAR (RAJ.) IN CIVIL
SUIT NO. 16/2016 TITLED AS 'AZAMUDDIN VS.
SMT. MUNIZA BANO' WHEREBY HE DISMISSED
THE SUIT FOR CANCELLATION OF THE
MARRIAGE
Memo of Appeal Rs. /-
Fixed Court Fees Paid Rs. /-
(2)
TO,
THE HON’BLE CHIEF JUSTICE AND HIS LORDSHIP’S
OTHER HON’BLE COMPANION JUDGES OF THE
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JAIPUR BENCH, JAIPUR.
MAY IT PLEASE YOUR LORDSHIP:
The humble appellant-plaintiff above-named most
humbly and respectfully begs to submit, as under:-
1. That the brief facts giving rise to the present Appeal
are that on 16.08.2016, the appellant filed a Suit for
declaration seeking the cancellation of the Marriage
and further relief making the recitals as mentioned
therein. Copy of the Plaint No. 16/2016 is submitted
herewith and marked as Annexure-1.
2. That thereafter, the respondent-defendant entered into
the appearance and denied the averments of the Plaint
as mentioned therein. Copy of the Written Statement
is submitted herewith and marked as Annexure-2.
3. That at the same time, the respondent also filed a Suit
for Restitution of Conjugal Right, which was also
decided by virtue of the Order and Judgment dated
24.05.2023, for which separate Appeal is being
preferred. In the subject Suit appellant pleaded
(3)
himself as PW-1, PW-2 as his father Sharif Khann and
PW-3 as Fakhruddin and in the documentary
evidence, as many as 13 docmenrts as Ex.-A1 to Ex.-
A13. In reply to which, the respondent fielded herself
as DW-1 and one document as Ex.-D1.
4. That based upon the pleadings, the learned Family
Court farmed 2 issues as:
ß01- vk;k oknh o izfroknh;k ds e/; fnukad 17-06-
2009 dks lEiUu gq, fudkg dks oknh 'kwU; ?
kksf"kr djokus dk vf/kdkjh gS
&&Hkkj oknh ¼vktenhu½ ij &&
02- vuqrks"k \Þ
5. That the learned Family Court after hearing both the
parties and perusing the facts of the case, vide Order
& Judgment dated 24.05.2023 dismissed the Suit for
declaration so filed by the appellant. Certified copy of
the Order and Judgment dated 24.05.2023 is
submitted herewith and marked as Annexure-3.
Being aggrieved by the impugned Order and
Judgment dated 24.05.2023 passed by learned
Family Court No. 1, Alwar, this Misc. Appeal is being
(4)
preferred herewith before this Hon'ble High Court on
the following grounds amongst others:-
GROUNDS
a) Because the Order impugned dated 24.05.2023
passed by learned Family Court is ex-facie illegal,
arbitrary, perverse against the established
principles of law and same is liable to be quashed
and set aside by this Hon'ble Court.
b) Because the learned Family Court failed to
appreciate the fact that technicalities should
never overcome the process of justice, as in the
present case, if one see the Suit so filed by the
appellant, the same contains sufficient
averments and the prayer was categorically in
the nature of seeking the divorce only. More so,
the fact that it is a known principle of law that a
mere title of a document or a Plaint will not
determine its real relief.
c) Because the learned Family Court failed to
appreciate the fact that it was the categorical
pleadings of the appellant that the respondent on
(5)
her own left her matrimonial house and never
followed the duties of the wife.
d) Because the learned Family Court failed to
observe the fact that it was not the case that the
subject Suit seeking for divorce has been filed
immediately after the marriage, wherein, the
marriage between the parties was solemnized on
16.06.2009 and the subject Suit was filed after
more than 7 years from the marriage, where
after, the appellant and his family tried their level
best to bring the respondent to her matrimonial
home.
e) Because the learned Family Court failed to
observe the fact that the respondent on many
occasions even insulted the appellant and his
family members including the abusing also.
f) Because the learned Family Court did not
properly construed the evidence of the plaintiff
witness and the supporting documents filed
therein. Wherein the testimony of the plaintiff
witness remain strong.
g) Because if one see the subject Order and
Judgment dated 24.05.2023 passed by the
(6)
learned Family Court below, it appears that it
has been decided based upon the technical
grounds, rather doing substantial justice
between the parties.
h) Because it is a known principle of law that there
is no express participation of the lawyers at the
learned Family Court and the parties are
supposed to conduct their own trial, therefore, it
is bound to be assumed that layman are not
appreciated with the technical pleas therefore,
the subject Suit should have been allowed on
merits, rather than be defeated on the account of
technical limitations.
i) Because in the subject Suit, it was categorically
prayed by the appellant as ß1& ;gfd fMØh ?
kks"k.kkRed ikfjr dh tkdj ;g ?kks"k.kk dh tkos fd
oknh }kjk izfroknh;k ds lEiUu gq, fudkg fnukad
17-06-2009 dks 'kwU; djkj fn;k tkos rFkk oknh
rFkk izfroknh;k ds e/; ifr&ifRu ds dksbZ lEcU/k]
nkf;Ro ;k vf/kdkj ckdh ugha jgs gSaAÞ
Therefore, the Suit was very well maintainable
and was indeed in form of seeking divorce only.
(7)
j) That, the other grounds will be urged at the time
of arguments.
6. That this Hon’ble Court has got jurisdiction to hear
and decide this Appeal.
PRAYER
It, is therefore, most humbly prayed that Your
Lordships may graciously be pleased to admit and allow
this Civil Misc. Appeal and may kindly quash and set aside
the impugned Order and Judgment dated 24.05.2023
passed by the learned Family Court No. 1, Alwar (Raj.) in
Civil Suit No. 16/2016 titled as 'Azamuddin Vs. Smt.
Muniza Bano'.
Any other order or relief, which this Hon’ble High
Court deems fit and proper, may also kindly be passed in
favour of the appellant.
HUMBLE APPELLANT
THROUGH COUNSEL
Advocate
Notes:-
1. No such Civil Misc. Appeal has been filed earlier to it.
2. P.F., Notices and extra copies will be filed within time.
3. It has been typed by my private steno who is not the
employee of this Hon’ble High Court.
(8)
4. Pie papers are not readily available so it has been typed
on stout papers.
COUNSEL FOR THE APPELLANT
IN THE HIGH COURT OF JUDICATURE FOR
RAJASTHAN AT JAIPUR BENCH, JAIPUR
D.B. CIVIL MISC. STAY APPLICATION NO. /2023
(9)
IN
D.B. CIVIL MISC. APPEAL NO. /2023
Azamuddin S/o Shri Sharif Khan, aged about 24 years, R/o
Village Rupbas, Tehsil Malakheda, Alwar (Raj.).
Appellant/Plaintiff
VERSUS
Smt. Muniza Bano W/o Azamuddin D/o Deri Kanwar
Chand, aged about 22 years, R/o Village Rupbas, Tehsil
Malakheda, Alwar (Raj.), at present R/o Samola, Ward No.
14, City Alwar (Raj.).
Respondent/Defendant
D.B. CIVIL MISC. STAY APPLICATION UNDER
SECTION 151 CPC
Memo of Appeal Rs. /-
Fixed Court Fees Paid Rs. /-
To,
The Hon'ble Chief Justice and his other companion
Judges of the High Court of Judicature for Rajasthan,
Jaipur Bench, Jaipur.
MAY IT PLEASE YOUR HONOUR,
The humble applicant-appellant, above named,
respectfully submits as under:-
1. That the appellant has on this date filed the above
titled Civil Misc. Appeal before this Hon'ble Court,
(10)
based upon cogent set of facts, circumstances and
grounds. The appellant thus has a strong prima facie
case in his favour. For the sake of brevity the
averments made in the Appeal are not being repeated
which may kindly be treated as part of this Stay
Application.
2. That balance of convenience lies entirely in favour of
the appellant. The appellant would suffer irreparable
loss which cannot be compensated in terms of money
in case an appropriate interim order as prayed for in
this Stay Application is not passed in favour
applicant-appellant during the pendency of the this
Appeal.
PRAYER
It is, therefore, most humbly prayed that your
lordships may graciously be pleased to accept and allow
this Stay Application and the impugned Order and
Judgment dated 24.05.2023 passed by the learned Family
Court No. 1, Alwar (Raj.) in Civil Suit No. 16/2016 titled as
'Azamuddin Vs. Smt. Muniza Bano' may kindly be stayed,
till the decision of this Appeal.
(11)
Any other appropriate order, direction or relief, which
may be considered just and proper in the facts and
circumstances of the case and in the interest of justice, may
kindly be issued in favour of the appellant.
Humble Appellant
Through Counsel
Advocates
NOTES:
1. The appellant has not filed any such or similar Stay
Application either before this Hon’ble Court or before
the Hon’ble Supreme Court of India.
2. P.F. Notices and Extra copies shall be furnished in
time as per court directions.
3. Since pie papers are not readily available, it has been
typed on stout papers.
4. Any staff member of this Hon’ble Court has not typed
this application.
Counsel for the Appellant-Plaintiff
(12)
IN THE HIGH COURT OF JUDICATURE FOR
RAJASTHAN AT JAIPUR BENCH, JAIPUR.
S.B. CIVIL MISC. STAY APPLICATION NO. /2023
IN
S.B. CIVIL MISC. APPEAL NO. /2023
M/s. Amarnath Marble
Versus
M/s. Parakh Enterprises & Anr.
AFFIDAVIT IN SUPPORT OF STAY APPLICATION
I, Azamuddin S/o Shri Sharif Khan, aged about 24
years, R/o Village Rupbas, Tehsil Malakheda, Alwar (Raj.),
do hereby take oath and states as under:-
1. That I am the appellant in the above noted case and
am well fully conversant with all the facts and
circumstances of the present case.
2. That the contents of Paras of the annexed Stay
Application are true and correct to my personal
knowledge. The legal averments are believed to true
and correct on the basis of legal advice.
VERIFICATION
I, the above named deponent do hereby verify that the
contents of Para 1 to 3 of my above affidavit are true and
correct to my personal knowledge. Nothing material has
been concealed and no part of its is false. So help me God.
(13)
IN THE HIGH COURT OF JUDICATURE FOR
RAJASTHAN AT JAIPUR BENCH,JAIPUR.
D.B. CIVIL MISC. STAY APPLICATION NO. /2023
IN
D.B. CIVIL MISC. APPEAL NO. /2023
Azamuddin
Versus
Smt. Muniza Bano
AFFIDAVIT IN SUPPORT OF DOCUMENTS
I, Azamuddin S/o Shri Sharif Khan, aged about 24
years, R/o Village Rupbas, Tehsil Malakheda, Alwar (Raj.),
do hereby take oath and states as under:-
1. That I am the appellant in the above noted case and
am well fully conversant with all the facts and
circumstances of the present case.
2. That the annexed documents i.e. Annexure-1 to
Annexure-5 are the photostat copies of their original
and Annexure-6 is the certified copy.
VERIFICATION
I, the above named deponent do hereby verify that the
contents of Para 1 to 3 of my above affidavit are true and
correct to my personal knowledge. Nothing material has
been concealed and no part of its is false. So help me God.
(14)
IN THE HIGH COURT OF JUDICATURE FOR
RAJASTHAN AT JAIPUR BENCH, JAIPUR
S.B. CIVIL MISC. APPEAL NO. /2023
Azamuddin Versus Smt. Muniza Bano
INDEX
S.No. Particulars Page No.
1. Memo of the Misc. Appeal
2. Stay Application
3. Affidavit in support of Stay Application
4. DOCUMENTS:
Annex.1- Copy of the Plaint No.
16/2016
Annex.2- Copy of the Written
Statement
Annex.3- Certified copy of the Order
and Judgment dated 24.05.2023
4. Affidavit in Support of Documents
COUNSEL FOR THE APPELLANT-PLAINTIFF
(15)
IN THE HIGH COURT OF JUDICATURE FOR
RAJASTHAN AT JAIPUR BENCH, JAIPUR
D.B. CIVIL MISC. APPEAL NO. /2023
Azamuddin Versus Smt. Muniza Bano
SYNOPSIS
That the brief facts giving rise to the present Appeal
are that on 16.08.2016, the appellant filed a Suit for
declaration seeking the cancellation of the Marriage
and further relief making the recitals as mentioned
therein.
That thereafter, the respondent-defendant entered into
the appearance and denied the averments of the Plaint
as mentioned therein.
That at the same time, the respondent also filed a Suit
for Restitution of Conjugal Right, which was also
decided by virtue of the Order and Judgment dated
24.05.2023, for which separate Appeal is being
preferred. In the subject Suit appellant pleaded
himself as PW-1, PW-2 as his father Sharif Khann and
PW-3 as Fakhruddin and in the documentary
evidence, as many as 13 docmenrts as Ex.-A1 to Ex.-
A13. In reply to which, the respondent fielded herself
as DW-1 and one document as Ex.-D1.
That the learned Family Court after hearing both the
parties and perusing the facts of the case, vide Order
& Judgment dated 24.05.2023 dismissed the Suit for
declaration so filed by the appellant.
Hence this Civil Misc. Appeal.
COUNSEL FOR THE APPELLANT-PLAINTIFF
(16)
RAJASTHAN HIGH COURT BENCH AT JAIPUR
CIVIL CASES
D.B. CIVIL MISC. APPEAL NO. /2023
Azamuddin Versus Smt. Muniza Bano
(Other than M.A.C.T. matters of Civil Misc. Appeal)
1 NATURE OF CASE Civil Misc. Appeal
2 MATTER PERTAINING TO SUBJECT MATTER:-
Civil Misc. Appeal against
Order dated 24.05.2023
whereby Suit for
Cancellation of the Marriage
has been dismissed
3 DETAIL OF SECTION/ACT Section 19 of the Family
Court Act, 1984
4 Details of Lower Court
(E.g. Case No., Name of Civil Suit No. 16/2016
Court and decision date) learned Family Court No. 1,
Alwar (Raj.)
dated 24.05.2023
Advocate
