ISHRAT PARVEEN Vs. SHAIKH RAOOF

JUDGEMENT

(1.) The appeal is admitted. Notice after admission is made returnable forthwith. Heard both the sides for final disposal.

(2.) The appeal is filed to challenge the decision of the Family Court, Nanded given in Petition No.A 403 of 2014. The proceeding was filed for restitution of conjugal rights by the Respondent, husband against the Petitioner and the decree is given by the Family Court.

(3.) The submissions made show that the parties are Muslims and their marriage was solemnized on 22nd May, 2005. Appellant is blessed with one son and one daughter. It is the case of the husband that right from beginning, the wife was saying that she wanted to marry rich person, but she was given in marriage to the present Respondent against her desire. It is his contention that at the time of both pregnancies, the wife overstayed in the house of her parents and after the birth of second issue, she did not show interest to resume the cohabitation. It is his contention that when he made attempt to bring her back, she refused to return on 11th November, 2010 and she gave threat of suicide and criminal case. It is his contention that the wife then gave Fir against him and case came to be filed against him for the offence punishable under Section 498-A read with 34 of the Indian Penal Code.