AIR 1960 MADHYA PRADESH 212 ::1961 MPLJ 270 ::1960 JabLJ 520

Madhya Pradesh High Court

Hon'ble Judge(s): Shivdayal , J

(A) Civil P.C. (5 of 1908) , S.83— Resident of Pakistan can bring a suit in Indian Court. A resident of Pakistan cannot be said to be an alien enemy within the meaning of S. 83 as is clear from the explanation to that section. Pakistan government is not at war with India. Such a person can maintain a suit for restitution of conjugal right in an Indian Court even though he may have come to India casually.(Para 2) (B) Civil P.C. (5 of 1908) , S.20(c)— Suit for restitution of conjugal rights by Muhammadan - Suit can be instituted where marriage took place. A Mohammedan Marriage is not a sacrament, but a civil contract and a suit for restitution of conjugal rights is truly speaking a suit for enforcement of certain obligations arising out of that contract. That being so, such a suit can be instituted by virtue of S. 20(c) at any place where the cause of action wholly or partly arose. Hence such a suit can be instituted at the place where the contract was entered into i. e., where the marriage took place.(Para 3) (C) Muhammadan Law - Marriage - Option of puberty - Marriage contracted for minor by any guardian other than father or father's father - Minor can repudiate marr....