GULAM ABDUL NISAR Vs. MEHARUNNISA P.M.

JUDGEMENT

(1.) This appeal is preferred against the judgment of the Family Court, Kasaragod in O.P. No. 405 of 2010 dated 20.10.2011 by the petitioner. The appellant and the respondent are husband and wife respectively. As per the impugned judgment, the Family Court has declined the relief of restitution of conjugal rights to the appellant.

(2.) Brief facts required for disposal of the appeal are that: The marriage between the appellant and the respondent was contracted on 17.07.2005 as per the custom prevailing in Muslim community. After the marriage, the appellant and the respondent resided together as man and wife in the paternal house of the appellant at Mangalore and two children are born in the said wedlock. On 17.04.2006, the appellant took respondent to Mangalore for delivery and she was staying at the parental house of the appellant and from there she was admitted to the hospital for delivery. It is the contention of the appellant that with respect to the delivery of the first child, the parents of the respondent did not play any role.

(3.) It is further contended that the life of the appellant and the respondent was very happy and whenever time permitted they used to go for picnic to far away places like Mysore, Bangalore etc. and the appellant was very caring about his family. The minor child named Gulam Moidin Nooh was admitted in Mount Carmel Central School, Mangalore during the year 2010 -2011. The respondent during that time sought custody of the minor boy by filing O.P. No. 83 of 2010 and she secured the custody of the child on 16.10.2010. The appellant contends that till that time, the minor boy was extremely happy with the father and he was good at his studies at Mangalore.