MUHAMMAD IBRAHIM RASHID Vs. ATKIA BEGUM

JUDGEMENT

(1.) This appeal arises out of a suit brought by the plaintiff for restitution of conjugal rights, The Subordinate Judge dismissed the suit and the plaintiff appeals.

(2.) The suit was instituted on the 16th of March 1908. The plaintiff made defendant to the suit Musammat Atkia Bagam, his alleged wife, under the guardianship of her uncle Abdul Jalil Khan ; and he also made co-defendant the said Abdul Jalil Khan who had possession of the girl.

(3.) It is necessary to state the history of the girl and her relations at some little length. Musammat Najm-un-nissa alias Arousa Begam (we shall hereinafter refer to her as Arousa Begam) was a lady of respectable parentage, claiming descent from the Rulers of Cabul. She had a daughter named Maimuna Begam who was the mother of Atkia Begam, the alleged wife of the plaintiff. Haji Abdul Jamil Kkan was a brother of the defendant Abdul Jalil Khan, and at one time was a karinda of Arousa Begam. Without saying anything derogatory of the family, to which Abdul Jamil Khan and Abdul Jalil Khan belonged, there can be no doubt that it was to some exten inferior to the family of Musammat Arousa Begam both in respect of origin and wealth. Abdul Jamil Khan married Maimuna Begam. It is suggested and probably truly suggested that Arousa Begam married her daughter Maimuna Begam to Abdul Jamil Khan so that her daughter might continue to live with her. However this may be, the fact remains that Maimuna Begam and her husband Abdul Jamil Khan continued to live with Arousa Begam up to the time of their death. There are living issues of the marriage, a boy and a girl besides Atkia Begam, the alleged wife of the plaintiff.