Muslim Law — Restitution of Conjugal Rights — Discretion of Court — No absolute right in husband In a suit for restitution of conjugal rights by a Muslim husband, there is no absolute and unconditional right to decree in his favour. The Court must exercise judicial discretion with reference to principles of Mohammedan Law; relief may be refused where cruelty, inequity, or failure of marital obligations by the husband is established.

A. Muslim Law — Restitution of Conjugal Rights — Discretion of Court — No absolute right in husband

In a suit for restitution of conjugal rights by a Muslim husband, there is no absolute and unconditional right to decree in his favour. The Court must exercise judicial discretion with reference to principles of Mohammedan Law; relief may be refused where cruelty, inequity, or failure of marital obligations by the husband is established.
Moonshee Buzloor Ruheem v. Shumsoonnissa Begum, (1866-67) 11 MIA 551 (PC), followed.
Anis Begum v. Muhammad Istafa Wali Khan, approved.

B. Mohammedan Law — Restitution of Conjugal Rights — Second marriage during subsistence of suit — Effect — Cruelty — Inequitable to compel wife to return

Where the husband, after filing a suit for restitution of conjugal rights, contracts a second marriage without justification, the Court may treat such conduct as cruelty and inequitable behaviour towards the first wife.
Held, in absence of cogent explanation from the husband, modern conditions warrant a presumption of cruelty.
Itwari v. Asghari, applied.

C. Restitution of Conjugal Rights — Wife’s refusal to return — Justifiable cause

Wife justified in living separately where:
(i) husband made no effort for nearly three years to maintain or visit her;
(ii) husband initiated the suit only after receiving notice for maintenance;
(iii) husband contracted a second marriage shortly after filing the suit.
Such circumstances disentitle the husband to equitable relief.

D. Suit for Restitution — Bona fides — Conduct of husband relevant

Lower appellate Court’s finding that the suit was not bona fide, taken together with husband’s second marriage, is sufficient to deny relief. Subsequent divorce of the second wife does not improve husband’s position.

Held:

Husband disentitled to decree for restitution of conjugal rights. Appeal dismissed.