Rajasthan High Court - Jaipur
Shahid Ali Khan vs Smt Shabnam Khan on 17 February, 2018
Author: Chief Justice
Bench: Chief Justice
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
D.B. Civil Miscellaneous Appeal No. 1047 / 2014
Shahid Ali Khan, son of Mohammad Ali Khan, aged abut 42 years,
by caste Musalman, resident of House No.D-104, Sanjay Nagar,
Jhotwara, Jaipur (Raj.)
----Appellant (Applicant)
Versus
Smt Shabnam Khan, wife of Shahid Ali Khan, daughter of Ahmed
Noor, aged about 28 years, by caste Musalman, resident of near
Mehtaji Ki Haveli, Mirza Mohalla, Sawai Madhopur (Raj.)
----Respondent (Non-Applicant)
_____________________________________________________ For Appellant(s) : Mr. Aashish Sharma. For Respondent(s) : Mr. Zeeshan Khan on behalf of Mr. S.Ansari.
_____________________________________________________ HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE VIJAY KUMAR VYAS Order 17/02/2018 (1) Heard learned Counsel for the parties. (2) Married as per Muslims customs on 29.10.2000 and two children being born the respondent left the matrimonial house with one child. Appellant seeks restitution of conjugal rights. As per the respondent it was a case of constructive desertion. After the birth of a second child she was constantly harassed to get money from her parents. Not only she was given less food but whatever was given was stale. She was deprived of the necessary facilities such as clothes. She used to be beaten. (3) Both the parties deposed facts favourable to them but what breaks the impasse is that on a complaint lodged by the (2 of 2) [CMA-1047/2014] respondent against the appellant for offences punishable under Section 498/406 IPC he was arrested and charge-sheet filed. Status of the trial is not known to either Counsel. (4) The impugned order accepts the version of the wife that it became her compulsion to move out of the matrimonial house.
(5) Learned Counsel for the appellant is unable to point out anything in the cross-examination of the respondent which discredits her statement on oath which mirrors the pleadings she had made in defence.
(6) We dismiss the appeal and uphold the impugned order dated 07.02.2014 denying appellant the decree of restitution of conjugal rights.
(VIJAY KUMAR VYAS)J. (PRADEEP NANDRAJOG)C.J. N.Gandhi/Gourav/28