honorable Jharkhand High Court

*Name of the Case:-*

_Md. Akil Alam v. Tumpa Chakravarty,2025 (FA No. 24 of 2024)_

*Name of the Court:-*

_Hon'ble Jharkhand High Court_

*Court Held:-*

*_Husband Cannot Rely On Muslim Personal Law For Restoring Conjugal Rights After Marrying Under Special Marriage Act._*

_The Jharkhand High Court has held that once parties marry under the Special Marriage Act, 1954, the provisions governing restitution of conjugal rights under Section 22 apply in full, irrespective of the personal laws they otherwise follow._

_The Court rejected the husband's contention that, being a Muslim, he was entitled to marry up to four women and that his wife's departure from the matrimonial home was therefore unjustified._

_this Court is of the view that the contention of the learned counsel that being a Muslim his marriage life will be governed by the personal laws even he had solemnized his marriage under Special Marriage Act 1954, is not tenable herein._

_The High Court upheld the Family Court's judgment and declined to grant a decree of restitution of conjugal rights, affirming that the husband was not entitled to such relief in the facts of the case._

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