JAHAR HOSSAIN BHUIYA Vs. HASINA BEGAM

JUDGEMENT

(1.) In terms of the Principles of the Mohammedan Law as recorded in Mulla's Principles of Mohammedan Law, 19th edition in Sec. 281, the appellant has filed an application for restitution of the conjugal rights as the respondent left the matrimonial home without any reasonable cause. However, the respondent by filing a written objection to that application has emphatically stated that she was tortured, even on some occasions there was attempt to kill her and finally she was driven away from the matrimonial home with her suckling baby.

(2.) For absence of the appellant on 24.04.2013 the proceeding being T.S. (R.C.C) 18 of 2012 was declared to proceed ex -parte. It further appears from the record that by filing the Civil Misc No. 02 of 2013, there had been an endeavour from the appellant to get that ex -parte order set aside, but by the order dated 31.07.2013 passed in Civil Misc 02 of 2013, the said prayer was dismissed.

(3.) On appreciation of the evidence it has been held that whether leave was denied or not by the higher authority, cannot be ascertained from the records as no paper was admitted in the evidence even the prayer for granting leave by the petitioner, the appellant herein was not submitted. Only by oral evidence it was sought to be established that leave was not granted on 24.04.2013. The trial court had questioned that why the father who was present in the court did not pray for further time and nothing has been explained in this regard. Thus, sufficient cause was not shown to hold that the appellant was prevented to submit evidence. Hence, the prayer for setting aside the ex -parte judgment was dismissed.