Digitally signed by NADIM MOHLE

2025:CGHC:14545 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 268 of 2021

1- Gulnaaz Akhtar, D/o Shri Pehalwan Hussain, W/o Shri Mohsin Khan, Aged About 30 Years R/o. Village - Tuman, Police Station And Tehsil - Katghora, District - Korba Chhattisgarh.

2- Nashibun Nisha, W/o Shri Pehalwan Hussain, Aged About 50 Years R/o. Village -

Tuman, Police Station And Tehsil - Katghora, District - Korba Chhattisgarh.

3- Pehalwan Hussain, S/o. Late Shri Peela Babu Khan, Aged About 60 Years R/o.

Village - Tuman, Police Station and Tehsil - Katghora, District – Korba, Chhattisgarh.

... Petitioner(s)

versus Mohsin Khan, S/o Shri Maqsood Khan, Aged About 32 Years Caste - Muslim, R/o.- Ekta Nagar, Tehsil Chowk, Pendra Road, Police Station - Pendra Road, District - Gaurela - Pendra - Marwahi, District : Gaurela-Pendra-Marwahi, Chhattisgarh. ...

Respondent(s)

(Cause Title is taken from Case Information System)

For Petitioners : Mr. Surfaraj Khan, Advocate with Mr. Rishi Sahu, Advocate For Respondent : Mr. Sakib Ahmed, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey

Order on Board

26.03.2025

1) The present petition has been filed by the petitioners (wife, mother-in-law, and father-in-law) challenging the entire proceedings (Annexure P/1) initiated by the learned Additional District Judge, Pendra Road, District Gaurela-Pendra-Marwahi (C.G.) in Civil Suit No. 02/2021 (Mohsin Khan v. Gulnaaz Akhtar & Others).

2) Mr. Surfaraj Khan, learned counsel appearing for the petitioners would submit that petitioner No.1 and respondent were married on 12.10.2014 as per Muslim rites and there is a daughter Mahira Khan born from their wedlock. It is submitted that the wife/petitioner No.1 was subjected to cruelty, domestic violence, and dowry demands by the husband, which led to her being driven out of the marital home. It is further submitted that despite efforts from family and society to reconcile, the husband continued mistreating her and questioning her character. It also argued that on 17.03.2020, the husband filed a suit for restitution of conjugal rights before the learned Additional District Judge, Pendra Road, which was registered as Civil Suit No. 02/2021.

Learned counsel argues that the petitioners filed this writ petition on the ground that restitution of conjugal rights is not recognized under Muslim law and that the learned trial court has no jurisdiction. It is argued that the said Court is not empowered under the provisions of law to entertain the suit for restitution of conjugal rights in the absence of any provision in this regard. He would further submit that the proceedings are illegal and void-ab-initio, and the same may be quashed.

3) On the other hand, Mr. Sakib Ahmed, learned counsel appearing for the respondent would oppose the submissions made by learned counsel for the petitioners and submit that according to the provisions of Section 281 of Mulla's Principles of Mohammedan Law, a husband can sue his wife for the restitution of conjugal rights if she has withdrawn from cohabitation without a lawful cause, as a marriage is considered a civil contract, and the suit enforces the right to consortium. He would also submit that the Family Courts Act, 1984, empowers family courts to deal with matters related to restitution of conjugal rights, including cases involving Muslim personal law, as the Act's jurisdiction extends to all communities, including Muslims. In support thereof, he placed reliance on the judgment passed by the High Court of Tripura in the matter of MD Deepraj Sarkar son of Md. Mia Sarkar v. Tahima Aktar wife of Md. Deepraj Sarkar reported in 2024 LawSuit (TR) 317 and prayed that the instant writ petition may be dismissed.

4) Heard learned counsel for the parties and perused the documents placed on the file.

5) The High Court of Tripura in the matter of MD Deepraj Sarkar son of Md. Mia Sarkar (supra), has held that from a perusal of the Statement of Objects and Reasons of the Family Courts Act, 1984, i