JUDGMENT - 1. This Second Appeal filed by one Shakila Banu arises out of a suit filed by her husband, the respondent, Gulam Mustafa for restitution of conjugal rights. They were married according to the rites of their community known as Momin Mohamedans on January 14, 1961. The wife resided with the husband for about 3 years after she attained puberty. The husband, who is a weaver, is living jointly with his father. The husband alleged in the suit that although he never illtreated the wife and a daughter was born to them sometime in May 1966, the wife wanted him to live separately from his father. The husband refused and hence the wife went to reside with her parents in November 1966. She wanted divorce from him and therefore filed an application for maintenance under Section 488 of the Criminal Procedure Code making false allegations against the husband that he was drinking and gambling and threatened to injure the wife. He, therefore, prayed for a decree for restitution of conjugal rights in the suit which was filed on March 31, 1967, in the Court of the 4th Joint Civil Judge, J.D. Dhulia.

2. The wife resisted the suit contending that the husband was addicted to drinking and gambl

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