DEEPRAJ Vs. VIJAY LAXMI

JUDGEMENT

(1.) Under challenge in this appeal is the judgment and decree of the learned Additional District Judge dated 6th November 2008, whereby petition of the appellant filed under Section 9 of the Hindu Marriage Act (hereinafter referred to as the Act ) for restitution of conjugal rights was dismissed.

(2.) In brief, facts of the case are that parties to the petition were married on 16th April, 2004 at Gorakhnath Temple, Gorakhpur, UP. Parties were in love with each other for about four years but since parents of the respondent were not in favour of the marriage, appellant s parents arranged the marriage and the marriage was performed in the temple. This marriage was also got registered. Since 28th May, 2004, respondent deserted the company of the appellant in his absence and left the house without any sufficient cause.

(3.) Respondent challenged the maintainability of the petition on the ground of territorial jurisdiction of this Court. She has alleged that she was kidnapped by the appellant when she was only 14 years and 7 months old. She was a minor at the time of alleged marriage. Appellant had intoxicated her by administering some drug, kidnapped her and took her to Gorakhpur for which a complaint was also lodged by her father. She has claimed that since no marriage was solemnized between her and the appellant, petition was not maintainable.