NAZRUL ISLAM Vs. MUSTT SAJEDA BEGUM

JUDGEMENT

(1.) Heard Mr. D. Choudhury,learned counsel for the appellant. None appears for the respondent despite notice.2. This appeal assails the judgment and order dated 13-12-2001 rendered by the learned principal Judge, Family Court, Guwahati in Case No. F. C. (Civil) No. 42/ 98 by which the application filed by the wife-respondent praying for setting aside the Talaknama' dated 15-2-1998 and for a decree of restitution of conjugal right, was accepted by the learned Judge and accordingly the aforesaid Talaknama' was set aside and decree for restitution of conjugal right was passed.

(2.) Being aggrieved by the aforesaid find.ings of setting aside the Talaknama' as well as passing the decree for restitution of conjugal right, the husband appellant has filed this matrimonial appeal alleging herein precisely that once the wife already accepted the Talaknama' by way of receiving the letter of Talak sent by the appellant under registered post, in the premises of the attending facts and circumstances of the case, now the same cannot be questioned under the Muslim Law.

(3.) Alleging the impugned judgment, Mr. Choudhury has contended that admittedly the wife respondent was living separately from her husband /appellant staying at her parental house since 1996 though theie marriage was solemnized on 3-12-1989. It is also submitted that the said factum is clearly proved from the filing of an application for maintenance under Section 125 Cr. P. C. by the wife respondent before the Family Court itself in the year 1997 which was registered as F. C. (Crl.) 219/97 and the Court also directed the husband petitioner to pay Rs. 500/- per month to each of the two daughters of the parties who were residing with the wife respondent. Since she was living separately for such long time as mentioned above, their marriage is dead for which the husband appellant had no option but to send the Talaknama' dated 15-2-1998 divorcing her as per Muslim Law. That apart, the wife respondent also filed an application on 25-2-2000 before the Family Court seeking disposal of the divorce case as expeditiously as possible on condition of payment of Mehar amount of Rs. 20,101/-. However, later on, the same was, as submitted by the learned counsel for the petitioner, allowed to be withdrawn by the learned principal Judge, Family Court on request of the respondent. According to him, the fact remains that wife-respondent is not at all willing to lead their conjugal marital life. That being so, in terms of Muslim Law she was divorced by the appellant by issuing the Talaknama in question, being valid in the eye of law.