SAHEEN SABA BANOO Vs. MD.MANZOOR ALAM

JUDGEMENT

(1.) BOTH First Appeal No. 88 of 2000 and Criminal Revision No. 39 of 2000 have been filed by the wife Saheen Saba Bano against the judgment and decree dated 14.12.1999 passed by the Principal Judge, Family Court, Dhanbad whereby the Court below has decreed the suit filed by the plaintiff -respondent for restitution of conjugal right under Section 281 of the Mohammadan Law and dismissed the criminal case filed by the wife under Section 125, Cr PC for maintenance. Since both the cases arise out of the common judgment, they have been heard together and will be governed by this common judgment.

(2.) THE facts of case lie in a narrow compass : The appellant was married with respondent Md. Manzoor Alam on 22.3.1994 and out of the wedlock one son and one daughter were born.The plaintiff s -respondents 's case was that after solemnization of marriage to appellant went to the matrimonial house and both of them started living marital conjugal life. In the year 1999 the appellant alleged to have returned to her parent 'shouse for the reason, inter alia that the respondent started behaving with her in a cruel manner and used to assault her. It was alleged that some dowry was also demanded.

(3.) AGGRIEVED by the said judgment and decree dated 14.12.1999 the appellant -wife has preferred this appeal against the decree of restitution and also a criminal revision against the order of refusal for payment of maintenance. During pendency of these two cases several attempts were made for reconciliation of the matter but all went in vain. The respondent -husband, in the meantime, married second wife and is living with her. Before these cases were taken -up for hearing, this Court made attempt by order dated 3.9.2004 for conciliation between the parties but the respondent husband has now refused to take her back and lead a conjugal life with her. The appellant -wife is also not agreeable to live with the respondent -husband for the reason that the respondent has already married second wife. She has also refused to live with the respondent even in another room along with the second wife of the respondent.