Muslim husband can be denied restitution of conjugal rights if he performs second marriage
Kothar Beevi @ Badrunnisha vs K Aminudeen
S.A.(MD) No.62 of 2006
About/from the judgment:
Whether muslim husband can be denied restitution of conjugal rights if he performs second marriage? - Yes
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 as to contract of 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 it make 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 to 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.
On consideration of the evidence and the pleadings thereon coupled with the admission of the P.W.1 and the D.W.1, this Court finds that the action of the plaintiffhusband is not bonafide and the fact that the plaintiff-husband has taken the second wife during the pendency of the suit also lead to the irresistible conclusion that he disqualified for a decree of restitution of conjugal rights and reasoning given by the lower Appellate Court is not sustainable in law.
Accordingly, the same is liable to be set aside and the substantial question of law framed is answered in affirmative in favour of the appellant-wife.
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