H.G. RAMESH, J.

1. The question raise din this appeal is, whether a muslim wife is entitled to seek restitution of conjugal rights?

2. This second appeal is by the defendant-husband. The trial Court decreed the suit filed by the respondent-wife for restitution of conjugal rights. The said decree of restitution of conjugal rights is affirmed by the first Appellate Court by dismissing the husband’s appeal. Being aggrieved, the husband has filed this appeal. The parties to the suit are muslims.

3. I have heard learned counsel appearing for the parties and perused the judgments of the two Courts.

4. The sole contention urged by the learned counsel for the appellant is that, Mahommedan Law does not confer any right on a muslim wife to seek restitution of conjugal rights and hence, the wife’s suit for restitution of conjugal rights should have been dismissed.

5. In the context of the question raised, it is useful to refer to the following observations at page 1503 in Ameer Ali, Mahommedan Law, 5th Edition:-

“Suit for restitution of conjugal rights. In the case of Moonshee Buzloor Ruheem vs. Shumsoonnisa Begum, (1867) 11 Moo IA 551; Husaini Begum vs. Muhammad Rustam Ali Khan, (190