MOHD MAQSOOD HUSSAIN DAR Vs. NASEEMA

JUDGEMENT

(1.) AN application has been filed by the defendant No. 1 under Order 2 Rule 6 of the amended Civil Pr. Code praying therein that the two reliefs joined in the present suit may be separated and the plaintiff may be directed seek appropriated remedy for the relief of restitution of seek appropriate remedy for the relief of restitution of conjugal rights separately and that relief may not be joined with the present suit as the two reliefs are distinct and the trial of the suit will be hampered.

(2.) FROM the perusal of the plaint it appears that the plaintiffs have claimed a relief of recovery of ornaments etc. on the grounds which are mentioned therein. Plaintiff No. 1 and defendant No. 1 are husband and wife. At the same time the relief of restitution of conjugal rights is also claimed by plaintiff No. 1 against defendant No. 1 in this suit. That relief is not and cannot be claimed against the other defendants in the suit. Against the other defendants the allegation is that they have with -held the ornaments of plaintiff No. 1. In my opinion the two reliefs prayed for in the plaint are distinct and the trial of the suit in respect of these two reliefs, which are absolutely unconnected with each other is not possible. It is submitted by Mr. Hagroo that a suit for dissolution of marriage has already been filed by him and is pending in the Court of First Addl. Munsiff, Srinagar, which suit has been brought by defendant No. 1 against plaintiff No. 1 herein. In this suit for dissolution of marriage, plaintiff No. 1 herein can file his written statement claiming restitution of conjugal rights against defendant No 1 herein and if he succeeds he will be entitled to the said relief under the amended Civil Pr. Code. He is not required to file a fresh suit for claiming relief of restitution of conjugal rights against defdt. because the pleas raised by him in the written statement for the relief of restitution of conjugal rights will be his defence in the suit filed against him by defdt. No. 1 in the Court below. But surely relief of restitution of conjugal rights in this suit for recovery of ornaments etc. will create difficulties in the way of the plaintiffs also. Therefore, the learned counsel for the plaintiffs has not seriously objected if an order is passed in terms of order 2 Rule 6 Civil Pr. Code as amended by Act No XI of 1983. I accordingly direct that the two relief prayed for in this suit shall be tried separately and the present suit shall be tried separately and the present suit shall be deemed to be a suit only for recovery of ornaments, clothes, and other goods mentioned in the plaint and shall not be a suit for the relief of restitution of conjugal rights, which relief I hereby separate from the present suit. The plaintiffs need not amend the plaint but relief of restitution of conjugal rights shall be deemed to have been deleted from the relief by order of this Court. This disposes of CMP No. 71 of 1985. Written statement has been filed in the main suit by all the defendants. Learned counsel for the parties may now file documents if any in support of their pleas and record their admission and denial thereon before the Deputy Registrar within two weeks from today. Thereafter the suit be listed for framing of issues etc.