Hamid Husain v. Kubra Begam

Hamid Husain v. Kubra Begam

(High Court Of Judicature At Allahabad)

| 24-01-1918

Piggott and Walsh, JJ.This was a suit by a Muhammadan husband for restitution of conjugal rights in which, by our order of the 8th of August last, we thought it necessary to remit certain issues for more specific findings by the lower appellate court. Those findings have now been returned, and we are-satisfied that they cannot be successfully assailed on the grounds taken in the petition of objections filed by the plaintiff appellant. We desire to refer to the case of Armour v. Armour (1914) 1 A. L. J. 318. as laying down sound principles of law which we accept and propose to apply to the facts found in this case by the learned District Judge. We think the findings of the learned District Judge proceed upon evidence and are not vitiate by any erroneous view of the law. We must ace apt his finding that the defendant has reasonable grounds for believing that her health and safety would be endangered if she returned to her husbands custody, and in our opinion this finding disposes of the appeal. We dismiss the appeal accordingly with costs.

Advocate List
Bench
  • HON'BLE JUSTICE WALSH, J
  • HON'BLE JUSTICE PIGGOTT, J
Eq Citations
  • 44 IND. CAS. 728
  • AIR 1918 ALL 235
  • LQ/AllHC/1918/22
Head Note

A. Hindu Law — Hindu Marriage — Restitution of Conjugal Rights — Muhammadan husband's suit for restitution of conjugal rights — Findings of District Judge that defendant had reasonable grounds for believing that her health and safety would be endangered if she returned to her husband's custody, and that findings proceeded upon evidence and were not vitiated by any erroneous view of law — Findings upheld — Evidence Act, 1872, Ss. 3 and 5