AYUB HASAN Vs. AKHTARI

JUDGEMENT

(1.) This second appeal has been filed by a husband whose suit for restitution of conjugal rights was dismissed by both the courts below.

(2.) The plaintiffs alleged in the first paragraph of the plaint that he was married to Akhtari, defendant No. 1, during her minority on 26th January, 1949, and that since then she has been submitting herself to her marital obligations. This allegation was denied by Akhtari as well as the other defendants in the suit. Since the plaintiff alleged that Akhlari was a minor at the time of her marriage, one might assume that in the absence of any other allegation to that effect, the plaintiff's case was that Akhtari was given in marriage by her guardian who was entitled under the law to do so.

(3.) The suit was contested by the defendants. Their case was that Akhtari was never married to the plaintiff, nor was the alleged marriage ever consummated.