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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
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 of the MOHAMMEDAN LAW , for restitution of conjugal rights has been allowed.
Factual Matrix
2. The brief facts of the case of the petitioner/husband (respondent herein) as narrated before the learned Family Court, is that his marriage with the respondent (appellant herein) was solemnized on 25.11.2017 as per Muslim rites and custom at Bokaro.
3. After marriage, they lived together as man and wife. They have no issue from the wedlock. It is the case of the respondent/ plaintiff/ husband that the appellant/ defendant/wife lived few days properly in her matrimonial home. After that, she on some pretext or the other, insisted to go to her parents’ home, for which she became aggressive. She does not want to live in his joint family. She pressurized him to live separately from his family, for which she used
(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 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.
The court established that a marriage can be dissolved on the grounds of cruelty when continued cohabitation perpetuates mutual suffering, emphasizing the wife's sacrifices and husband's unjust actio....
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