RUKAIYA ALIAS SONU ALIAS MINI Vs. ARIF MOHAMMED

JUDGEMENT

(1.) The appeal herein is directed against the order and decree dtd. 22/2/2024 passed by the learned Family Court No. 1, Bhilwara, whereby the suit for restitution of conjugal rights filed by respondent husband was allowed.

(2.) The respondent filed a suit for restitution of conjugal rights stating that the marriage between the parties was solemnized on 26/5/2001 as per Muslim law and that two children were born out of the wedlock, both presently residing with the appellant at Chittorgarh. It was alleged that the appellant, who was employed as an LDC, gradually became cruel and indifferent, frequently stayed away at Chittorgarh due to her service, and remained engaged in phone conversations, adversely affecting the marital relationship. After the respondent met with an accident on 26/12/2018 and fractured his leg, the appellant left for Chittorgarh and never returned, despite repeated efforts by the respondent, his parents, and community elders, thereby deserting the respondent without reasonable cause.

(3.) Having heard the rival contentions and perused the record available on file, including the impugned judgment dtd. 22/2/2024, we are of the view that the appeal deserves to be allowed. Let us see how.