Case Note & Summary
The case involves a Regular Second Appeal filed by the defendant-husband against the judgment and decree of the Senior Civil Judge, Hukkeri, which affirmed the trial court's decree granting restitution of conjugal rights to the respondent-wife. The parties are Muslims. The trial court, Civil Judge & JMFC, Hukkeri, decreed the suit filed by the wife for restitution of conjugal rights. The husband appealed to the first appellate court, which dismissed his appeal. Aggrieved, the husband filed this second appeal under Section 100 of the Code of Civil Procedure, 1908. The sole contention raised by the appellant's counsel was that a Muslim wife is not entitled to seek restitution of conjugal rights. The High Court considered the substantial question of law: whether a Muslim wife is entitled to seek restitution of conjugal rights. The Court held that under Section 9 of the Dissolution of Muslim Marriages Act, 1939, a Muslim wife is entitled to seek restitution of conjugal rights. The Court found no merit in the appeal and dismissed it, confirming the decrees of the lower courts. The judgment was delivered orally by Justice H.G. Ramesh on 18th December 2014.
Headnote
A) Muslim Law - Restitution of Conjugal Rights - Entitlement of Muslim Wife - Section 9, Dissolution of Muslim Marriages Act, 1939 - The question was whether a Muslim wife can maintain a suit for restitution of conjugal rights. The Court held that under Section 9 of the Dissolution of Muslim Marriages Act, 1939, a Muslim wife is entitled to seek restitution of conjugal rights. The appeal was dismissed, affirming the decrees of the courts below. (Paras 1-6) B) Civil Procedure - Second Appeal - Substantial Question of Law - Section 100, Code of Civil Procedure, 1908 - The appeal was admitted on the substantial question of law whether a Muslim wife is entitled to seek restitution of conjugal rights. The Court answered the question in the affirmative and dismissed the appeal. (Paras 1, 5-6)
Issue of Consideration
Whether a Muslim wife is entitled to seek restitution of conjugal rights?
Final Decision
The appeal is dismissed. The judgment and decree dated 21.03.2013 passed in R.A. No.14/2011 by the Senior Civil Judge, Hukkeri, affirming the judgment and decree dated 14.01.2011 passed in O.S. No.48/2009 by the Civil Judge & JMFC, Hukkeri, are confirmed. No order as to costs.
Law Points
- Muslim wife entitled to restitution of conjugal rights
- Section 9 Dissolution of Muslim Marriages Act 1939
- Muslim Personal Law (Shariat) Application Act 1937
- Section 100 CPC
