Azrullah Inamdar S/O.Shamiulla ... vs Mst.Asefa Anjum W/O.Azrullah
2021 Latest Caselaw 16635 Bom

fca94.14.odt                                                                                1/2



                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          NAGPUR BENCH, NAGPUR.

                          FAMILY COURT APPEAL No.94 OF 2014

   (Azrullah Inamdar s/o. Shamiulla Vs. Smt. Asefa Anjum w/o. Azaharullah Inamdar
__________________________________________________________________________
Office Notes, Office Memoramda of Coram,
appearances, Court's orders of directions             Court's or Judge's orders.
and Registrar's Orders.

                              Shri D.C. Chahande, Advocate for the appellant.

                               CORAM : A.S. Chandurkar & G.A. Sanap, JJ.

DATE : 1st December, 2021.

1. One of the contentions raised by the learned counsel for the appellant is that under Mohamedan Law proceedings for restitution of conjugal rights could not have been instituted by the wife. He submits that though this ground was not raised by way of defence before the Family Court, the same being a jurisdictional question, it may be permitted to be raised. The appellant is permitted to urge the aforesaid ground in challenge the judgment of the Family Court.

2. The respondent is duly served but there is no representation on her behalf. We have, therefore, requested to Shri O.A. Ghare, Advocate to assist the Court in considering the aforesaid aspect. The learned counsel for the appellant has supplied copy of memorandum of appeal along with judgment to the learned counsel.

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3. Put up on 6th December, 2021 for further consideration.

(G.A. Sanap, J.) (A.S.Chandurkar, J.)

Wadode