LAWS(SC)-2017-8-39

SHAYARA BANO Vs. UNION OF INDIA AND OTHERS

Decided On August 22, 2017
Shayara Bano Appellant
V/S
UNION OF INDIA AND OTHERS Respondents

JUDGEMENT

(1.) The petitioner's marital discord, and the petitioner's prayers: <FRM>JUDGEMENT_39_LAWS(SC)8_2017.html</FRM>

(2.) The counter affidavit filed by respondent no.5 - the petitioner's husband - Rizwan Ahmad, discloses, that the 'nikah' (marriage) between the petitioner and the respondent was solemnized on 11.04.2001, as per 'Shariat', at Allahabad. It was submitted, that the petitioner - Shayara Bano, performed her matrimonial duties intermittently, coming and leaving the matrimonial home from time to time. The matrimonial relationship between the parties resulted in the births of two children, a son - Mohammed Irfan (presently about 13 years old) studying in the 7th standard, and a daughter - Umaira Naaz (presently about 11 years old) studying in the 4th standard, both at Allahabad.

(3.) It is the case of the respondent-husband, that the petitioner-wife, left her matrimonial home on 9.4.2015 in the company of her father - Iqbal Ahmad and maternal uncle - Raees Ahmed, as well as children - Mohammed Irfan and Umaira Naaz, to live in her parental home. The respondent claims, that he continued to visit the petitioner, for giving her maintenance, and for enquiring about her well being. When the husband met the wife at her parental home in May and June 2015, she refused to accompany him, and therefore, refused to return to the matrimonial home. On 03.07.2015, Rizwan Ahmad, asked the father of Shayara Bano to send her back to her matrimonial home. He was informed by her father, after a few days, that the petitioner was not inclined to live with the respondent.