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1986 Supreme(Del) 372

M.K.CHAWLA
SHAHINA PRAVIN – Appellant
Versus
MOHAMMND SHAKEEL – Respondent


Advocates Appeared:
M.R.CHAWLA, S.M.Aquil

M. K. CHAWLA, J.

( 1 ) SMT. Shahina Parveen wife of Mohd. Shakeel is not satisfied with the Judgment of S. P. Singh Chaudhary, Additional District Judge, Delhi, dated 28th January, 1983, whereby the husband s Suit for restitution of conjugal rights was decreed. She has come up in Second Appeal before this Court praying for the restoration of the order of dismissal of the Suit.

( 2 ) IN order to appreciate the various contentions raised in this appeal, it will be advantageous to keep in mind the salient features of the controversy between the parties. On 12-3-1981, Mohd. Shakeel filed a suit for restitution of conjugal rights in the Court of Senior Sub-Judge, Delhi, on the averments that he was married to the defendant Shahina Parveen on 12th November, 1979 according to Muslims Rites of Sunni Sect; that they continued to enjoy a peaceful married life for quite sometime. The in-laws of the plaintiff persuaded the defendant to prevail upon the plaintiff to permanently stay at the defendant s parental abode instead of residing at her Sasural: the plaintiff refused the proposal: that thereafter the defendant in conspiracy with her parents devised a plan to live separately from the plain






















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