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IN THE HIGH COURT OF JHARKHAND AT RANCHI
ARUN KUMAR RAI, SUJIT NARAYAN PRASAD
Farah Tabassum – Appellant
Versus
Mohammad Mojmail Haque, s/o Basir Ansari – Respondent
| Table of Content |
|---|
| 1. husband claims wife's unjust desertion; trial grants restitution. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 2. wife alleges cruelty; husband alleges wife's uncooperativeness. (Para 15 , 16 , 17 , 18) |
| 3. appellate court reappreciates facts and law. (Para 19 , 20 , 21 , 22) |
| 4. conflicting evidence on withdrawal without reasonable cause. (Para 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32) |
| 5. mohammedan law allows restitution for unjust non-cohabitation. (Para 33 , 34) |
| 6. deny restitution if cruelty makes cohabitation inequitable. (Para 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47 , 48 , 49 , 50) |
| 7. trial judgment perverse ignoring cruelty evidence. (Para 51 , 52 , 53 , 54 , 55 , 56) |
| 8. appeal succeeds; impugned decree quashed. (Para 57 , 58 , 59) |
JUDGMENT :
Sujit Narayan Prasad, J.
Prayer:
1. The instant appeal under section 19(1) of the Family Courts Act, 1984 is directed against the judgment dated 28.08.2023, decree signed on 05.09.2023, passed in Original Suit No.451 of 2021 by learned Principal Judge, Family Court, Bokaro whereby and whereunder the petition filed by the petitioner-husband (respondent herein) under Section 281
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....
(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....
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 ....
The court held that a husband contracting a second marriage during pending proceedings for restitution of conjugal rights may preclude him from obtaining relief based on evidence of cruelty.
The right to restitution of conjugal rights under the Special Marriage Act is contingent upon proving a spouse's withdrawal from marital society without reasonable cause, weighing the evidence of ill....
The main legal point established in the judgment is the requirement for specific evidence of cruelty and the impact on the mental and physical health of the parties to prove grounds for divorce under....
Restitution decree under Section 9 HMA denied as wife failed to prove husband's withdrawal without reasonable excuse; acquittal in cruelty case and unreliable evidence establish justification.
The burden of proof in restitution of conjugal rights lies with the withdrawing spouse to show reasonable cause for separation; the court affirms joint responsibility in marriage.
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