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Moulvi Ahmad Ali Vs. Srimati Jinnatunessa - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in46Ind.Cas.491
AppellantMoulvi Ahmad Ali
RespondentSrimati Jinnatunessa
Excerpt:
restitution of conjugal rights, suit for - plaintiff, liability of, to provide residence for wife. - 1. in this case, the lower appellate court has refused to pass a decree for restitution of conjugal rights on the ground that the plaintiff has not a home which he can offer to his wife, he himself living in the house of the father of his second wife. it is also found that the plaintiff had charged his wife with unchastity. we agree with the court below that the plaintiff is bound to provide a suitable residence for his wife if he wants restitution of conjugal rights and, he not having been able to do so, his suit has been rightly dismissed.2. the appeal is, therefore, dismissed with costs.
Judgment:

1. In this case, the lower Appellate Court has refused to pass a decree for restitution of conjugal rights on the ground that the plaintiff has not a home which he can offer to his wife, he himself living in the house of the father of his second wife. It is also found that the plaintiff had charged his wife with unchastity. We agree with the Court below that the plaintiff is bound to provide a suitable residence for his wife if he wants restitution of conjugal rights and, he not having been able to do so, his suit has been rightly dismissed.

2. The appeal is, therefore, dismissed with costs.


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