SALMA BEGAM (MST.) Vs. SAIFUL ALI

JUDGEMENT

(1.) This appeal is presented before this Court by one Mst. Salma Begam, wife of Saiful Ali challenging the legality and validity of the judgment and decree dtd. 10/7/2018 and 11/7/2018 respectively, passed by the learned Family Judge, Kailashahar, Unakoti, Tripura in TS (RCR) 43/2017 wherein she has been directed to return to her matrimonial home, i.e. the house of her husband. It was an ex parte order, passed in absence of the appellant herein.

(2.) The facts, in a nutshell, are that the husband, Saiful Ali filed a suit for restitution of conjugal rights under Sec. 281 of the Muslim Law. In the petition, the husband has stated, inter alia, that the marriage between the appellant-wife and the respondent-husband was solemnized about two years back as per Islamic rites and customs. After a few days, appellant-wife started quarrelling with the husband-respondent and she always preferred to live in her parental house and on 15/9/2017, the appellant-wife left the matrimonial house without any reason and information to anyone and also took away her articles. Efforts were made to take her back to the house of the husband-respondent but she did not return. Rather, the wife-appellant wanted the husband-respondent to stay at her father's house as "ghar jamai". Hence, the respondent-husband has instituted the suit for restitution of conjugal rights.

(3.) After receipt of notice, the wife-appellant appeared before the learned Family Judge, Kailashahar. In para 3 and 4 of the memo of appeal, she has stated as follows: