JAMIL AKHTAR Vs. MOHD SHAHID

JUDGEMENT

(1.) MOHAMAD Shahid, the plaintiff-respon dent was married to Jamil Akhtar, the defendant-appellant on April 2? 1979. Alleging that she had withdrawn herself from his company and that his efforts to bring her back to the matrimonial- home having failed he filed a suit for restitution of conjugal rights.

(2.) THE defendant-appellant contested the suit primarily on the ground that the plaintiff-respondent was guilty of cruelty and that he had refused to keep her on account of her failure to meet the demands of dowry It was also alleged that the respondent had contracted a second marriage and that the suit was a counter-blast to her petition for payment of maintenance. The pleas raised in the written statement were controverted by filing a replication. On the pleadings of the parties, the learned Trial Court framed the following issues :-

(3.) THE Trial Court found the issues in favour of the plaintiff-respondent and thus decreed the suit. The appeal of the defendant-appellants (the wife and her father) before the learned lower Appellate Court having failed, they have come to this Court in the present second appeal.