Jai Narain vyas university, jodhpur

RAJASTHAN
Subject name :-family law (muslim law)

Project name :- moot court file(case law)

Submitted to :- submitted by
Dr. priyanka goswami ma’am Gajendra
b.a.ll.b. 7th sem.
s.no.-20bal20013
 Acknowledgement
I have taken a lot of efforts to make this assignment. It
would have not been possible without the kind help of
Dr. priyanka goswami ma’am.

I would like to express my sincere thanks to him for his

kind support.
I would also like to thank Jai Narain Vyas University,
Jodhpur for constant supervision and guidance as well as
for necessary information regarding this assignment.
My thanks also goes to those who directly or indirectly
helped me to complete my project report.
 TABLE OF CONTENT
1) Index of abbreviations……
2) Index of authorities
3) Statement of jurisdiction
4) Statement of facts
5) Statement of issues
6) Summary of Arguments
7) Arguments Advanced
8) Prayer
 BEFORE THE DISTRICT COURT
JODHPUR,RAJASTHAN

IN THE MATTER OF :
FAMILY DISPUTE CASE NO. 01/2021

Mr.Aftab khan………………..Applicant
V/S
Mrs.Mina khan………………Respondent

For mohammedan family dispute under:

Restitution of conjugal rights

Memorandum on the behalf of Applicant

INDEX OF AUTHORITIES
CASES
1) Abdul kadir v/s Salima(1886) A.I.R 1886 oudh.457
2) Marsa begum v/s Rejwan ali (1979)5 A.W.C 722[seth and malhotra J.J]
3) kadir v/s salima1974

BOOKS
1) Aquil ahmad :- Mohammedan law
2) Mulla :- Principle of mohammedan law

LEGAL DATABASES
• MANUPATRA • SCC ONLINE • JUDIS • INDIAN KANOON • CASEMINE •
LEGAL SERVICES INDIA
 SCC online
 Judis
 Indian kanoon
 Legal services India
STATEMENT OF JURISDICTION

The applicant has approached the District court of jodhpur who has
jurisdiction to try the family matter of Mohammedan law regarding
restitution of conjugal rights and prompt dower.
STATEMENT OF FACT
A muslim woman was married to a muslim male. The marriage
was consummated. The wife deserted the husband and left for
her parental home after 3 months of her marriage. The payment
of mujjal mehr was not made. The husband repeatedly requested
the wife to return to the husband but she did not return. The
husband brought a suit for restitution of conjugal rights. During
the course of litigation the husband paid the mehr to the wife.
However the wife refused for cohabitation.
STATEMENT OF ISSUE
1) After taking prompt dower the wife has a right to refuse
cohabitation or not.

2) After pay prompt dower the husband can request for conjugal
right or not.
SUMMARY OF ARGUMENTS
1) After taking prompt dower the wife has a right to refuse cohabitation or
not.
It is humbly submitted before the district court that In present case the
husband pay the prompt dower so there is no defence on the part of wife for
the refusal for cohabitation .

2) After pay prompt dower the husband can request for conjugal right or
not.
It is humbly submitted before the district court that according to
principles of muslim law a husband can request a court to pass a degree
of conjugal right after paying the prompt dower.
The wife deserted the husband without any valid reason, there is no
valid reason given from the wife’s side.
ARGUMENT IN ADVANCE
1) After taking prompt dower the wife has a right to
refuse cohabitation or not.

Prompt dower is payable immediately after marriage on demand

according to Ameer ali –wife can refuse to enter into conjugal domicile of
husband until the payment of the prompt dower.

But in present case the husband pay the prompt dower to the wife
instead of that the wife is refusing for cohabitation with husband .

In the case Abdul kadir v/s salima(1886)1 the court propounded
that the effect of non-payment of prompt dower is that the wife can refuse
to cohabit or refuse to live with the husband. or if the husband sues her
for restitution of conjugal rights, non-payment of dower is a complete
defence to the suit , and the suit will be dismissed .
But in present case the husband pay the prompt dower so there is no
defence on the part of wife for the refusal for cohabitation .

According to Allahabad high court has observed that the court should
not compel a wife, against her wishes, to live with her muslim hasband
who has married again and share its consortium with another woman,
But in present case the husband has no second wife and even the wife
deserted him and left for her parental home after 3 months of marriage.

The wife has no right to refuse for cohabitation after the prompt
dower from the husband in various case decided by the family court we
find that the prompt dower is given during the proceedings . so it may not
become a ground that the prompt dower is not given before proceedings
of the court.
2) After pay prompt dower the husband can request for
conjugal right or not.

The restitution of conjugal rights is one of the reliefs that are

provided to the spouses in distress in the institution of marriage by law.
Decree of restitution of conjugal rights could be passed in case of all
communities have passed decrees for restitution of conjugal rights.
After pay prompt dower the husband got a right to request the court
to pass a degree of conjugal right to request the court to pass a degree of
conjugal right against the wife to cohabited with her.
Under the muslim law a court has to pass a degree of conjugal right if
the husband pay the prompt dower to the wife.
In present case the husband give the prompt dower to the wife and
after that he is demanding the degree of conjugal right.
The wife deserted the husband without any valid reason, there is no
valid reason given from the wife’s side.
In case marsa begum v/s Rejwan ali (1979)3 the court observed that
the wife can refuse to live with the husband so long as prompt dower
remains unpaid. But a wife has to live with husband one’s a prompt dower
is paid.
In Abdul kadir v/s salima, the allahbad high court decided that the
concept of restitution must be decided on the principles of muslim law
and not on the basis on justice, equity and good conscience. And
according to principles of muslim law a husband can request a court to
pass a degree of conjugal right after paying the prompt .
According to the various decision of supreme court where a
husband/wife shall have deserted or without lawful cause ceased to
cohabit with his/her spouse, the party so deserted or with whom
cohabited shall have so ceased, may sue for the restitution of his or her
conjugal rights and the allegations contained in the plaint and that there
is no just ground why relief should not be granted, may proceed to decree
such restitution of conjugal right accordingly.
 PRAYER
Therefore in the fight of facts presented, issues raised, arguments adcanced
and authorities cited, the counsel on behalf of the applicant humbly pray
before this district court that it may be pleased to adjudge and declare that :
1) The decree for restitution of conjugal rights by applicant is according to
fact of case and should be passed in his favour.
2) The desertion by the wife and her refusal to cohabit with her husband is
not maintainable and order should be for her cohabitation in the society of
husband.