SULA NAJAR Vs. REHMAN SHAH

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 21 -6 -1973 of Munsiff Sonwari holding that he had jurisdiction to try the suit.

(2.) RESPONDENT No. 1 here is the plaintiff in the trial court. He has sued his wife, respondent No. 3 here, and several others, the petitioner and respondent 2 and 4 to 6 here, and claimed the reliefs for injunction in these terms : 1. that defendants 1 to 6 be restrained from preventing his wife to live with him ; 2. that defendant No. 1 be restrained from taking the second husband directly or with the assistance of defendant 2 to 6 ; 3. THAT defendants 1 to 6 be restrained from giving assistance to defendant No. 1 in taking the second husband.

(3.) The plaintiff™s case was that defendant No. 1 was his lawfully wedded wife with whom he was living as a Khanadamad in her fathers house for a period of three years and subsequently shifted her to his own house where they continued to live as husband and wife till about 2Â 1/2 months preceding the institution of the suit when defendants 2 and 3 took her to their house with his permission on promise that they would send her back after some days but did not subsequently do so, despite requests made by him and finally refused to allow her to fulfill her marital obligations. His further case was that defendants 2 to 6 were negotiating a second marriage for defendant No. 1 while she herself was willing to live with the plaintiff as her husband. In reply it was stated by the defendants that the plaintiff was a khanadamad and that he had deserted his wife and made false accusation against her.