SYED AHMAD KHAN Vs. IMRAT JAHAN BEGUM

JUDGEMENT

(1.) These are two First Appeals, one by the husband, being First Appeal No. 107 of 1979 from a decree dated 23rd Nov., 1978 for recovery of Rs. 20,000/- as dower in Suit No. 100 of 1975 of the court of the Civil Judge, Budaun, and the other by the wife be-ins First Appeal No. 498 of 1981 from a decree dated 23rd Nov., 1978 for restitution of conjugal rights passed by the court of the Civil Judge, Budaun in Suit No. 435 of 1973. This latter appeal was originally filed in the court of the District Judge, Budaun. but was withdrawn by this Court and connected with the former appeal.

(2.) The two suits giving rise to these two First Appeals were consolidated and tried together and disposed of by a common judgment dated 23rd Nov., 1973 by the court of the Civil Judge, Budaun. Suit No. 435 of 1973 for restitution of conjugal rights was treated to be the leading case. Both the suits were decreed. Thus, while there is a decree for restitution of conjugal rights against the wife, there is a decree for recovery of Rs. 20,000/- as prompt dower against the husband.

(3.) The relevant facts of the case are that the parties were married in the year 1968. The husband Syed Ahmad Khan had already a wife living when he married the present wife Smt. Imrat Begum. The parties are supposed to have lived and cohabited together only for about a year and it was stated in the husband's plaint dated the 29th Oct., 1973 for restitution of conjugal rights (Suit No. 435 of 1973 originally of the court of Munsif, Bisauli) that the wife had for the last four years neglected and refused to give her society or to cohabit with the husband without just cause and had taken to the profession of a teacher at Gunnaur against his wishes; and did not come to live with him in spite of a notice served in July, 1973. It is not necessary to detail the defence set up by the wife. The issues, on which the parties went to trial, were the following :-