SYED FARHAN FAISAL Vs. NIKHAT JAMAL SIDDIQUI

JUDGEMENT

(1.) THESE are two appeals arising out from the order dated 10.8.2005 passed by the Additional Principal Judge, Family Court, Lucknow, rejecting Suit No. 886 of 2001, filed by the appellant, for the restitution of conjugal rights and decreed Suit No. 688 of 2002 filed by Dr. Nikhat Jamal Siddiqui relating to divorce.

(2.) IT appears that the appellant married with the respondent on 26.7.2000. The respondent was an Assistant Professor in South University, Riyad, which is a private institution. After the marriage on 26.7.2000, both appellant and the wife stayed in Gomti Hotel and thereafter went to the house of the uncle of the appellant at Nishat Ganj, Tisri Gali. Lacknow and thereafter the respondent along with her aunt Smt. Wasima Siddiqui went to her relative's place without information of appellant. On 27.7.2000 on the telephonic call of the wife, the appellant went to his-in-laws house and after two day the respondent came to the Appellant's house and remained there for two hours only. On 2.8.2000, both the parties went to Delhi and stayed at the house of the maternal uncle (Mama). The appellant along with his father-in-law came back to Lacknow on 5.8.2000. On 21.8.2000, when the appellant went to his in- law's house he found that his father-in-law went to Riyad. On 21.12.2000, his father-in-law told that the respondent is going to Umra on 5.1.2001 and will return to Riyad a day before the opening of University. The appellant telephoned the respondent on 4.1.2001 but could not receive any reply and thereafter, the appellant went to Riyad. The appellant came back to India on 30.1.2001. The claim of the appellant is that no proper treatment was given to him Riyad by the respondent. The claim of the respondent is that immediately after the marriage the appellant started misbehaving with her and started demanding money. He was drunkard and one day he tried to cause injury by knife and abused her with filthy language. It also been alleged that the appellant was regularly demanding money. Several allegations and counter allegations have been made by both the parties which resulted into divorce petition on behalf of the wife. However the husband filed a petition for the restitution of the conjugal rights.

(3.) HEARD learned counsel for the parties.