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IN THE HIGH COURT OF JUDICATURE AT PATNA
P.B.BAJANTHRI, S.B.PD.SINGH
Md. Naushad Hussain Son of late Md. Jalil – Appellant
Versus
Shahida Khaton and Wife of Md. Naushad – Respondent
| Table of Content |
|---|
| 1. background of the matrimonial dispute (Para 2 , 3 , 4) |
| 2. application of section 281 of muslim law (Para 5 , 6) |
| 3. remarriage conditions post-divorce (Para 7 , 8) |
| 4. dismissal of appeal affirmed (Para 9) |
JUDGMENT :
B. PD. SINGH)
Heard the parties.
2. The present appeal has been filed under Section
19(1) of the Family Court Act, 1984 impugning the judgment and decreed dated 25.06.2016 passed by learned Principal Judge, Family Court, Darbhanga in Matrimonial Case No. 209 of 2012 filed under Section 281 of the Muslim Law, whereby learned Family Court has dismissed the matrimonial suit filed on behalf of the appellant- husband for restitution of conjugal rights with the respondent-wife.
3. The case of the appellant as per petition filed before the Family Court is that the marriage of the appellant with the respondent was solemnized according to the Muslim Shariyat Law in the year, 2003. The marriage was consummated and out of the wedlock, three child were born. It is alleged by the appellant that the respondent fled away with the 3rd child, who, at that time was aged about three years from her matrimonial house and when the appellant went to his Sasural for Rukshati of his
A husband's claim for restitution of conjugal rights is dismissed when the wife establishes grounds of domestic violence and the husband has issued a Talaq, thus invalidating the petition.
(1) Decision in a suit for restitution of conjugal rights does not entirely depend upon right of husband.(2) Restitution in favour of husband if, on evidence, it feels that circumstances are such tha....
In Muslim law restitution suits, courts refuse decree if husband's proven cruelty or conduct creates life apprehension, making cohabitation inequitable; family court reversal warranted for perverse e....
Jurisdiction in civil suits is based on personal law principles and relevant statutory provisions.
The statutory provision allows for divorce if no restitution of conjugal rights occurs for over a year post-decree, validating the grounds for divorce.
Restitution of conjugal rights – Remedy of restitution of conjugal rights is a positive remedy that requires both parties to live together and cohabit – Rights and duties arising out of marriage are ....
A decree of restitution of conjugal rights cannot be granted if the spouse's withdrawal is justified by cruelty and lack of assurance for a peaceful conjugal life.
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