- (1.) THE defendant wife, in a Matrimonial Suit filed by her Mahomendan husband, is the appellant in the present first appeal.
(2.) THERE was a marriage between the defendant and the plaintiff, the husband. The plaintiff filed the present matrimonial suit and pleaded that the defendant had unreasonably refused company to him and he was entitled to a decree for restitution of conjugal rights. Though, the defendant, the wife, filed a written statement, she did not further participate in the trial. The plaintiff, the husband, examined himself as AW 1 and gave evidence to the effect that his wife was residing in her parents ' house, that he had gone there thrice and invited her to come with him to share the matrimonial home and that she had unreasonably refused to accompany him. He also deposed that the parents of the wife refused to persuade her to come and live with him inspite of repeated requests. This evidence of the husband was corroborated by the evidence of two other witnesses. None of them was cross -examined. In this situation, the trial Court was forced to accept the evidence on the side of the plaintiff, the husband. The trial Court, in that context, having held that the wife unreasonably refused to live with her husband, granted a decree for restitution of conjugal rights. On the materials, it is not possible to find fault with the findings arrived at by the trial Court. The evidence is all one way and that evidence shows that the husband had desired to live with the wife, had asked her to stay with him but the wife had unreasonably refused his request. The said evidence justifies the decree granted by the trial Court. It has not been shown before us that a suit for restitution of conjugal rights by a Mahomedan husband is not maintainable. We find that the decision of the Privy Council in Moonshee Buzloor Ruheem V/s. Shumsoonnisa Begum, (1867) 11 MIA 551, supports the position that the husband may sue the wife for restitution of conjugal rights.
(3.) IN this situation, we confirm the judgment and decree of the trial Court and dismiss this appeal. We make no order as to costs.;