MAYA DEVI Vs. KISHORE VERMA

JUDGEMENT

(1.) THIS appeal under Section 19(1) of the Family Courts Act is directed against the judgment & decree dated 30-1-2008 passed by the 2nd Additional Principal Judge, Family Court, Durg in Civil Suit No. 121 A/07, whereby & where under learned Additional Principal Judge, Family Court has dismissed the petition for restitution of conjugal rights filed by the Appellant herein under Section 9 of the Hindu Marriage Act, 1955.

(2.) JUDGMENT is challenged on the ground that learned Additional Principal Judge, Family Court has erred in holding that the Appellant has converted herself into Islam and married some Muslim person namely, Syed Zuber, and thereby committed illegality.

(3.) THE Respondent has denied the adverse allegations and specifically pleaded that name of the Appellant is Shabnam Nisha and not Maya Devi, she has converted herself into Islam and married Syed Zuber, and when the facts came to the knowledge of the Respondent, the Respondent refused to discharge the marital obligations. THE Appellant has lodged report against the Respondent for the offence punishable under Section 498A of the I.P.C., but she has withdrawn the report on the advise of the Family Advise Centre. THE Appellant herself has appeared before the Marriage Officer, Durg and got her marriage registered. THE Respondent is in possession of photographs relating to marriage of the Appellant with Syed Zuber. Restitution of conjugal rights between Hindu & Muslim mala-female is not possible under the law.