Reserved

IN THE HIGH COURT OF UTTARAKHAND

AT NAINITAL

First Appeal No. 105 of 2012

Gulista

.…… Appellant

Versus

Jamshed

……. Respondent

Present: Mr. Nagesh Aggarwal, Advocate for the appellant.

Mr. Bilal Ahmed, Advocate holding brief of Mr. Mohd.

Safdar, Advocate for the respondent.

Coram:- Hon’ble Rajiv Sharma, J.

Hon’ble Sharad Kumar Sharma, J.

Reserved on: 14.06.2017

Delivered on: 07.10.2017

Per - Hon’ble Sharad Kumar Sharma, J.

In a claim by a partner, to the proceedings for

restitution of conjugal rights, it has to be settled first

that the restitution which has been sought from the

other spouse is only when it is settled that the person

has for no good valid reason has deliberately not

discharged his or her matrimonial obligations or has

intentionally and permanently intended to desert which

is the basic element to sustain a sound and a peaceful

marriage. Whenever a partner to the marriage

withdraws herself or himself from the society of the

other without valid reason withdrawal from Society of

2

other, this is often determined as to be a cruelty

against the other who