Law:

Section:

(a) Muhammadan Law Marriage, irregularity of Good defence to suit for restitution of conjugal rights. Irregularity of the marriage is a good defence to a suit for restitution of conjugal rights as it is necessary for a marriage to be valid according to Muslim Personal Law before the Courts can grant a decree for restitution of conjugal rights. (b) Admission Previous statement made by party in Court---¬Cannot be made legal evidence by merely producing certified copy of statement. Previous statement made by a party cannot be made legal evidence in the case and used against him as an admission by merely filing an attested copy of that statement, without putting it to the party concerned. Secretary of State v. Akbar Shah A I R 1934 Lah. 753 rel. JUDGMENT This second appeal is by Ghulam Muhammad, who instituted a suit against Mst. Shah Jira Khanam and others for restitution of conjugal rights. The suit was decreed against her by tile trial Court but was dismissed on appeal. 2. Mst. Shah Jira Khanam defendant respondent was born on the 14th January 1935 (vide certified copy of the birth entry Exh. D 2). She was married to Farzand Ali, brother of the plaintiff appellant in March 1950. She was, therefore, over 15 years of age at the time of her marriage to Farzand Ali. She brought a suit for dissolution of marriage against Farzand Ali, and was actually divorced by him on the 23rd May 1954. She was married to Ghulam Muhammad plaintiff on the 31st May 1954, i.e., eight days later. The plaintiff's case is that she lived with him for about four days and was then taken away by her stepbrother, Madad Shah, and she refused to come back, although a number of deputations were taken to her in this connection. The defendant's plea was that Mst. Shah Jira Khanam had never in fact been married to the plaintiff, and he had been demanding her hand, but he had been refused and therefore, he had brought the present suit. The following issues were framed: (1) is defendant No. 1 the wedded wife of the plaintiff? (2) If issue No. 1 is proved, was the nikah between the plaintiff and defendant No. 1 void? (3) To what relief the plaintiff is entitled against defendants Nos. 2 to 8 ? The suit…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492