THE Allahabad High Court, while refusing to compel a Muslim woman to live with her husband who had married a second time, observed that if a Muslim man cannot take care of his wife and children, then the Quran does not allow him to marry a second time. The Court termed it as cruelty by the husband to the first wife.
The Court dismissed the petition, holding that if the first wife does not wish to live with her husband, she cannot be compelled to go with him while hearing a suit filed by him for the restitution of conjugal rights. If the contention of the husband for grant of the decree of conjugal rights is accepted, then from the point of view of the wife, it would amount to a breach of her fundamental rights guaranteed under Article 21 of the Constitution.
The Division Bench of Justice Surya Prakash Kesarwani and Justice Rajendra Kumar-IV passed this order while hearing a petition filed by Azizurrahman. The appeal under Section 19 of the Family Courts Act, 1984, was filed, praying to set aside the judgment dated August 4, 2022, and the decree dated August 12, 2022, in a matrimonial case passed by the Principal Judge, Family Court, Sant Kabir Nagar, whereby his suit for restitution of conjugal rights was dismissed.
The facts of e case are that was married to the husband on May 12, 1999. The wife has only one sister and no brother. The other sister had died. Thus, the wife is the only surviving child of her father. From the wedlock of the husband and the wife, four children were born, out of which one died and two sons and one daughter remain. The father of the wife had gifted his immovable property to her and she is now living with him and taking care of him as he is old.
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