Mohammedan Law Marriage Restitution of conjugal rights In a suit for restitution of conjugal rights by a Muslim husband against first wife and when he had taken as second wife during pendency of suit, Court can deny relief to him After plaintiff husband contracted second marriage, appellant wife is reasonable and justifiable in staying away from her husband
Kothar Beevi @ Badrunnisha Vs. K.Aminudeen SAMD 62/06 08/06/17 [ Teekaa JJ ]
[ MADRAS HIGH COURT ]
Mohammedan Law Marriage Restitution of conjugal rights In a suit for restitution of conjugal rights by a Muslim husband against first wife and when he had taken as second wife during pendency of suit, Court can deny relief to him After plaintiff husband contracted second marriage, appellant wife is reasonable and justifiable in staying away from her husband Decision in a suit for restitution of conjugal rights does not entirely depend upon right of Muslim husband Court should also consider whether it make it inequitable for it to compel wife to live with her husband There is no law or a rule which compel Court always to pass a decree in a suit for restitution of conjugal rights in favour of husband Impugned judgment and decree set aside.
24. In the circumstances, it could not be unreasonable to hold that after the
plaintiff-husband contracted second marriage, the appellant wife is reasonable and
justifiable in staying away from her husband. This Court while bearing in mind, the right of
the Muslim husband to contract marriage more than once, however, it has to be borne in
mind that the decision in a suit for restitution of conjugal rights does not entirely depend
upon the right of the Muslim husband. The Court should also consider whether itmake it in-equitable for it to compel the wife to live with her husband. Our notions of law in that regard have to be held in such a way so as to bring them in confirmity with modern social condition. There is no law or a rule which compel the Court always to pass a decree in a suit for restitution of conjugal rights in favour of the husband. A duty is caused upon the Court to find out whether it could be just and reasonable for the Court to deny the said relief to the plaintiff Muslim husband if the proved circumstances are such that it
could be inequitable to do so for a muslim woman.
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Kothar Beevi @ Badrunnisha Versus K.Aminudeen Judgment Madras High Court
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