KRISHNA OBROI Vs. VIJAY KUMAR OBROI

JUDGEMENT

(1.) What is a Hindu marriage ? A contract or a sacrament ? How is this question answered by section 7 of the Hindu Marriage Act, 1955? These are some of the questions of great public importance arising in this appeal. The respondent is Vijay Kumar Obroi (hereinafter called Obroi) while the appellant is Miss Krishna Godwani (hereinafter called Miss Godwani) who was described as Mrs. Krishna Obroi in the suit filed by Obroi against her and this description has stuck to her in this appeal.

(2.) Obroi knew Miss Godwani who was a working girl. On the 17th March 1965, Obroi made an application to the President. Arya Samaj, Kalkaji, New Delhi, that he wished to bemarried' to Miss Godwani according to Vedic rites and that the Purohit should be permitted to perform the marriage ceremony in the Arya Samaj temple. Miss Godwani countersigned the application and also endorsed thereon that the facts were correct and that she was going to marry Obroi of her own free-will and that she was aged 23 years. And soon thereafter the two went to the Arya Samaj Mandhir and underwent the alleged marriage which is the subject of dispute.

(3.) On 27-4-1965, Obroi filed a petition for the restitution of conjugal rights against Miss Godwani alleging that the marriage between them was solemnised on the 17th of March 1965 in Arya Samaj, Kalkaji, New Delhi, duly performed and witnessed by the Priest and the other office-bearers of the Samaj in accordance with the Hindu rites; that after the marriage, the place of the co-habitation of the parties has been M-21 and M-22 Jangpura Extension: that Miss Godwani left him recently without any reasonable excuse whatsoever. Hence the petition for restitution of conjugal rights.