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2018 Supreme(Online)(Mad) 186

MADRAS HIGH COURT
, J
Kothar Beevi alias Badrunnisha v. K. Aminudeen


Advocates:
For the Appellants/Petitioners: [Omitted]
For the Respondents: [Omitted]

Table of Content
1. claims of voluntary departure from marital home require evidence of justification. (Para 2 , 3 , 5)
2. the context of subsequent marriage impacts restitution rights. (Para 6 , 10 , 12)
3. crucial for a husband to demonstrate no cruelty in cases of second marriage. (Para 19 , 21 , 22)
4. final ruling favors the wife based on proven cruelty. (Para 25 , 27)

1. For the sake of convenience, the parties are referred to as per the ranking before the trial Court.

2. The respondent / plaintiff has filed a suit in O.S. No. 771 of 1999 before the learned Principal District Munsiff, Tirunelveli, for the relief of restitution of conjugal rights against the appellant wife on the ground that she voluntarily withdrawn from the matrimonial home and hence he sought for restitution of conjugal rights.

3. The appellant - wife has filed a written statement, denying the various allegations and resisted the claim for restitution of conjugal rights on multiple grounds and inter alia contended that, the respondent / plaintiff - husband has not conducted himself properly and her life was threatened and she refused to join the matrimonial home on justifiable grounds.

4. Based upon the above plead
































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