Restituion of Conjugal right under section281 Mohameddan law

Querist : Anonymous (Querist) 23 February 2010 This query is : Resolved
My wife had Filed petition for decree of Retitution of conjugal rights under the provision section 281 of mohammedan law.. now the case was dismiss in family court stating that "As per Mohammedan Law the For part of restitution of Congugal rights is not filing. Hence it is Dismis, as not tenable"
as she was not able to find the previous judgement on this case, that could run this petition
Now she went to appeal in high court FCA

i want to know what step should i take to dismiss this case?

Whether Retitution of conjugal rights under the provision section 281 of mohammedan law, is applicable , i mean previous judgement is given in wifes favour before or case is admitted?

if yes where can i find a copy of this judgement?

Hopefully u will help me out

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Devajyoti Barman (Expert) 23 February 2010
First of all there is no Section 281 of Mohammedan Law. May be clause 281 in the book of Mulla on Muslim Law is wrongly referred as 'Section'.
Secondly suit for Restitution of Conjugal Rights is very much maintainable under Muslim Law the said order dismissing the suit on that ground alone is likely to be set aside in the High Court.

Raj Kumar Makkad (Expert) 25 February 2010
You should engage your counsel and should handover your case file who after deep study can defend your case before High court.

RAKHI BUDHIRAJA ADVOCATE (Expert) 24 April 2014
Agree vid mr. Makkad....u can contact us as well

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