MOHAMMAD ISLAM Vs. NAAJ BAANO

JUDGEMENT

(1.) Challenge in this appeal is to the judgment and decree dated

(2.) -11-2019 passed by the Judge, Family Court, Korba, District Korba, in civil suit No.101-A/18 whereby the application filed by the appellant/husband for restitution of conjugal rights, was rejected. 2. The undisputed facts are that both the parties are governed by the principles of Hanafi school of Mahomedan Law. The appellant Mohammad Islam was married to the respondent-Naaj Baano on 28/6/2011. Out of wedlock, a baby girl was born to them. The allegations and counter allegations were levelled on each other purport that the husband contended that the wife used to misbehave with his mother, who was ailing and without any sufficient cause the wife was taken away by her family members to Singrouli (Madhya Pradesh) i.e. her parental place. According to the husband, without any lawful reason she was being kept there and has not returned, as such, the husband filed an application for restitution of conjugal rights.

(3.) The defence of the respondent/wife, per contra, was that she was subjected to torture by assault and she was not allowed to visit her parental house for four years. She further alleged that under the state of intoxication, the husband used to severely beat her, resulting into severe bleeding. Respondent/wife also alleged that she was made to talk to her mother and other family members on phone while the husband used to beat her and she was made to talk during beating. When she fell ill, in the year 2018, her family members went to matrimonial home at Korba to know her health condition and they found that she was ailing and was not well, therefore, they requested the appellant and his family members to send the respondent back to Singrouli, but it was refused.