RAISUDDIN Vs. GULSHAN AND ORS.

JUDGEMENT

(1.) Appellant Raisuddin in RSA Nos. 3/2012 and 4/2012 has challenged the judgment and decree of the first Appellate Court dated 08.11.2011 in RCA Nos. 9/2009 and 2/2010 whereby the judgment of the Trial Court in Suit No. 431/2006, lodged at his instance for restitution of conjugal rights which was dismissed by the Trial Court and Suit No. 432/2006, filed by the respondent seeking declaration that the "nikahnama" regarding "nikah" between him and the respondent is null and void and permanent injunction, restraining the appellant from making any claims towards the respondent in the capacity of husband, which too was dismissed by the Trial Court has been set aside and the suit of the respondent (Suit No. 432/2006) has been decreed whereas suit of the appellant (Suit No. 431/2006) has been dismissed.

(2.) In order to appreciate the facts of the two suits lodged by the appellant as well as the respondent respectively, it would be first necessary to set out in brief the respective cases of the appellant and the respondent.

(3.) The respondent, Mst.Gulshan filed a suit (Suit No. 432/2006) on 09.06.2003 against the appellant seeking the nikahnama between them as null and void document. The appellant in turn, filed a suit (Suit No. 431/2006) on 14.08.2003 for restitution of conjugal rights.