JABEEN IHSAN Vs. NOUSHIMA BASHEER

JUDGEMENT

(1.) The petitioner herein challenges Exts.P4 and P6 orders passed by the Family Court, Kozhikode ("the court below" for short) in an original petition filed by him for restitution of conjugal rights as OP No.1327/2018.

(2.) The petitioner is the husband of the respondent. The following three matrimonial proceedings are pending between them before the court below:

(3.) All the above three petitions were tried jointly. The respondent gave evidence as PW1. According to the petitioner, she deposed during evidence that the marriage was solemnized without her consent, will and wish, that she was not interested in continuing with the marital relationship and that the marriage was not consummated. Thereafter, the petitioner filed Ext.P3 application before the court below seeking permission to withdraw OP No. 1327/2018 and to file a fresh OP for nullity of marriage on the ground that the marriage was held without the consent of the respondent. The court below after hearing both sides dismissed the said application as per Ext.P4 order. Aggrieved by Ext.P4 order, the petitioner preferred Ext.P5 application to review Ext.P4 order. It was also dismissed as per Ext.P6 order. Exts.P4 and P6 orders are under challenge in this original petition.