IN THE HIGH COURT OF KARNATAKA,
CIRCUIT BENCH AT GULBARGA
DATED THIS THE 14?" DAY OF SEPTEMBER. 20j3'O
BEFORE
THE HON'BLE MR. JUSTICE V JAGANNAj{HA§: " M
BETWEEN
L KHUTIZA BEGUM, _
W/O LATE JAFFAR HUSSAL ~
AGED 31 YEARS;
OCC. HOUSEHOLD.
2. MHAOEE
D/O LAf1’EJAi?E’.AR HUSSAIN, A
AGED _ ‘ –
Occ. NIL,» _
U/G OF’ NATm>.AL’MOTH¢E_R
AND APPELLANT NO. 1;:
” “BOT;-41 LBS
=.RAIc,I§1UR., …APPELLANTS
(E13 R MATH, ADV.,)
E O1V1siONAL CONTROLLER,
‘r:5RiI’C.; DIVISION OFFICE.
..fjBEIf.LARY. …RESPONDEN’F
M.F.A. No.3o37s OF Eo'”mgm_n V
submission made is, these documents would go to show
that the first appellant was the wife of Jaffar
Therefore the tribunal could not have recorded 21’l’inldiJ1’§g— ~
to the Contrary. Under above cireur314st.ai.4f1ees’ “ri1»att1errVbe._V ll
remanded to the tribunal.
4. Learned counsel Srli._lb~t;dhirsingh_ for
the KSRT C argued thattthe doeuinerats nowl«sQug;ht to be
produced were not earlierhthe tribunal and
therefore they Cannot be
faulted both” the relationship
and also on quee-t.i»o’i3 pofnegligence.
5. HaVling”‘thi;xS =he:ard both sides in View of the
docxrrnerits now..i:lled ‘before this Court, 1 am of the View
the requires a fresh look by the tribunal and
lafteri’al;fort”§,in§lll:)ot.l1 sides an opportunity in respect of
the titgelmrierits which the appellants now want to rely to
A f_*prot«=e the marriage of first appellant with decreased
l Jlaffar Hussain, tribunal shall thereafterwards consider
the case on merits including the finding and negligence
and dispose of the Case within three months in
accordance with law.
6. The appeal is accordingly allowed
aside the judgement of the tribunal disrnissirig-
petition filed by the appellants.
7. Matter stands remitted forlfifelsh displdsal’ it
three months as mentioned abo*.re’;~
8. The documentanamely{thee-_l\}’ikhana1’na and
marriage certi’Ilt;=eat_e”i be returned to the
appellantsfortlbveing before the tribunal.
Sd/5
‘f% JUDGE
YKLJ: