- (1.) WITH the consent of counsels, this second appeal is finally disposed of at admission stage. Following substantial questions of law as suggested in the memo of appeal are framed for consideration by this Court : i) When the option of puberty is opted by a lady by her conduct and same is admitted by the opposite par,ty, in that situation, whether it is necessary to obtain a decree for dissolution of marriage from a competent Court? ii) Whether in the facts and circumstances of the present case, the suit for restitution of conjugal rights is maintainable? iii) When the plaintiff himself admits that present appellant has entered into second marriage, then the decree for restitution of conjugal rights is justified or not? iv) Whether the decree of restitution of conjugal rights can be executed when both the parties have remarried?
(2.) THE plaintiff-husband Iqbal Mohd. filed a suit for restitution of conjugal rights in the trial Court with the averment that his marriage took place with the appellant wife smt. Khatiza Tul Qubra d/o Mohd. Aslam chhipa on 14-4-1984 according to Muslim sheriyat Law at Bhilwara and she was minor at the time of marriage and was contracted into marriage by her father with the plaintiff and upon attaining majority, she did not join matrimonial home of the plaintiff. Therefore, the plaintiff filed the present suit.
(3.) THE defendant-wife filed written statement to he suit denying the factum of marriage and submitted that she was only 7 years of age at the time of alleged marriage on 14-4-1984 and even if her father contracted her into marriage at the age of 7 years, she had repudiated the said marriage upon attaining the age of puberty of 15 years and has remarried with another person and since the marriage in question was never consummated with the plaintiff, she was not bound to go with him and so called marriage was void and repudiated and therefore, the suit deserves to be dismissed.;