MEGHA MANCHANDA Vs. SAURABH SHARMA

JUDGEMENT

(1.) By this appeal filed under Section 28 of the Hindu Marriage Act, 1955 the appellant seeks to set aside the judgment and decree dated 24.7.2009 whereby a decree of restitution of conjugal rights was passed in favour of the respondent and against the appellant.

(2.) Brief facts of the case relevant for deciding the present appeal are that both the parties got married on 27.04.2005 at Arya Samaj Mandir, Jamuna Bazar , Delhi and the marriage was registered on 12.05.05 vide registration certificate dated 12.05.05 at Delhi. That on the pretext of the brother of the appellant visiting from Australia the parents of the appellant called her to the parental house and she never returned thereafter. Consequently the respondent filed a petition under Section 97 Cr.P.C which was dismissed. The appellant on the other hand had filed a suit for declaration to declare the marriage as null and void which was withdrawn. Thereafter the respondent filed a petition under Section 9 of the Hindu Marriage Act for restitution of conjugal rights and vide judgment and decree dated 24.07.2009 the same was decreed in favour of the respondent and against the appellant. Feeling aggrieved with the same, the appellant has preferred the present appeal.

(3.) Counsel for the appellant states that the marriage between the parties was not solemnized according to Hindu rites and ceremonies. Counsel further submits that in the absence of the said marriage being proved by the respondent, no decree under Section 9 of the Hindu Marriage Act could have been passed by the learned trial court. Counsel further submits that the prerequisites as laid down under Section 9 were not fulfilled as no evidence was led by the respondent to prove that 'Saptapadi' was performed at the time of the marriage. Counsel further submits that even the marriage registration certificate could be of no help to the respondent once the said essential ceremony was not proved by the respondent. Counsel also submits that the appellant had filed a suit for declaration to get the said marriage declared as null and void but the said suit was withdrawn by the appellant in view of the petition filed by the respondent under Section 9 of the Hindu Marriage Act.