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Court dismisses husband's petition for restitution of conjugal rights under Mohammedan Law

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The family court has dismissed the petition filed by a husband seeking decree of restitution of conjugal rights under section 281 of Mohammedan Law observing that the relationship had broken beyond repair and hence it would be awkward to allow the petition.

Principal Judge Laxmi Rao dismissed the petition by the husband saying: "It is an awkward situation as to why the petitioner is seeking a decree of restitution of conjugal rights. On his own saying, relationship between the parties has broken beyond repair. Under such circumstances, I am not inclined to allow this petition for restitution of conjugal rights."

The couple married on May 29, 2010 at Ikhar, a village in Gujarat and Nikahnama was executed. They do not have any children.

According to the petition filed by husband through advocate Firoz Shaikh, the wife behaved normally. However, later on, at the insistence of her family members, the wife made his, his mother's and sister's lives "miserable", alleged the petition. He further alleged that she would pick quarrels with him without any just reason.

Despite his requests, she did not mend her ways, stated his petition. He further alleged that she would often leave her matrimonial house without any just reason and used to stay at her parental place.

On April 15, 2012, she left her matrimonial house along with her father and brother and went to stay at her paternal place with all her ornaments and belongings, the husband has claimed in his petition.

In June 2012, the husband alleged, that his father-in-law, assaulted him and he had lodged an FIR to the effect.

Despite all this, the husband expressed sincere desire to lead a married life with his wife. As she did not return from her paternal house, he filed the petition before the family court seeking restitution of conjugal rights. Following the court's notice, the wife appeared once for counseling.

Judge Rao observed: "The contents of the petition and affidavit of evidence show that the respondent has not lived peacefully with the petitioner and his family members from the date of their marriage i.e. 29.5.2010 till the date of the separation i.e. 15.4.2012. Plenty of allegations have been made against her and her family members by the petitioner."

Dismissing the petition, judge said: "Under such circumstances, I am not inclined to allow this petition for restitution of conjugal rights as filed by the petitioner even though it is proceeded without written statement of the respondent-wife. As there are only allegations against the wife, this petition is not maintainable."

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