MST. SUGHRA Vs. FAQIR MOHAMMAD

JUDGEMENT

(1.) THIS is an appeal by the wife, Smt. Sughra. Her husband brought a suit for restitution(sic) of conjugal rights and an injunction.

(2.) THE husband's case was that Smt. Sughra was his duly married wife and that she had come and lived with him after the marriage but that some eleven months before the institution of the suit the wife's father came and took her away with him on the pretext of a ceremony. His case further was that when he went to call back his wife, she, under the influence of her father, refused to come back.

(3.) BOTH the courts below have negatived cruelty. On the question of divorce, the conclusion of the two courts below is that divorce has not been established as it was not pronounced thrice but only twice. Both the courts below seem to have believed D W. Sulaiman and have relied upon the following statement mad by him: