JUDGMENT :

J.B.PARDIWALA, J.

1. This Appeal under Section 19 of the Family Courts Act, 1984 (for short, the ‘Act 1984’) is at the instance of the original defendant-wife, questioning the legality and validity of the order passed by the Family Court at Palanpur dated 7th July 2021 in the Family Suit No.47 of 2019 instituted by the respondent-husband for restitution of conjugal rights whereby the Family Court allowed the suit instituted by the husband and directed the appellant wife herein to go back to her matrimonial home and perform her marital obligations.

2. The facts giving rise to this Appeal may be summarised as under :

2.1 The parties before us are Muslims. The ‘Nikah’ between the parties was performed on 25th May 2010 at the village Kanodar, Taluka Palanpur, District Banaskantha. In the wedlock, a son named Kabir was born on 2nd July 2015.

2.2 It appears that the appellant-wife took up a Government job as a Staff Nurse at the Thara Village Referral Hospital (CHC). Having regard to the nature of her duties, she was required to stay at the Thara Village Referral Hospital. It appears that in April 2017, the appellant-wife got transferred to the Palanpur Civil Hospital. The appellan