Whether Muslim wife has right to seek restitution — Held, Yes Marriage confers conjugal rights on both husband and wife; both are equally entitled to seek restitution of conjugal rights. No prohibition under Mahommedan Law disentitling a Muslim wife from instituting a suit for restitution where the husband lives away without lawful excuse. Contention that Muslim wife has no such right — Rejected.

A. Muslim Law — Restitution of Conjugal Rights — Whether Muslim wife has right to seek restitution — Held, Yes

Marriage confers conjugal rights on both husband and wife; both are equally entitled to seek restitution of conjugal rights. No prohibition under Mahommedan Law disentitling a Muslim wife from instituting a suit for restitution where the husband lives away without lawful excuse.
Contention that Muslim wife has no such right — Rejected.

B. Personal Law — Restitution of Conjugal Rights — Nature of right — Not absolute — Subject to lawful excuses

Right to restitution of conjugal rights of either spouse is not absolute, but subject to lawful excuses.
Ameer Ali, Mahommedan Law, 5th Ed., p.1503, referred to — stating that both husband and wife may seek restitution and the Kazi is authorised to constrain the recalcitrant party to resume connubial relationship.

C. Civil Procedure Code, 1908 — Section 100 — Second Appeal — Substantial question of law

Sole contention raised — that Muslim wife has no right to restitution — found unsupported by any authority. No substantial question of law arises.

Held:

Muslim wife is entitled to seek restitution of conjugal rights. Appeal dismissed.