CAPT VIRENDER KUMAR Vs. VEENA

JUDGEMENT

(1.) This is a petition for the revision of an order dated March 18, 1969 of Mr. K. S. Sidhu, Additional District Judge, Delhi which he passed in Hindu Marriage Act case No. 21 of 1968. The said case has been instituted by the petitioner under section 9 of the Hindu Marriage Act 1955 for restitution of conjugal rights. The petitioner had filed a petition for that purpose which was verified as follows:-

(2.) On objection being raised the learned Additional Distritct Judge passed the impugned order. He was of the opinion that the verification not being in accordance with rule 15 of Order 6 of the Code of Civil Procedure was not in accordance with law. He, therefore, directed the petitioner to amend the petition and verify it according to law and also impesed an amount of Rs. 20.00 as costs to be paid by the petitioner to the respondent.

(3.) Subsequently, an application was made to the learned Judge for recalling the aforesaid order. This application was also dismissed by an order dated March 28, 1969 and the learned Judge further ordered that the numbers of the paragraphs should also be mentioned in the verification. Mr. Lekhi, learned counsel for the petitioner, concedes that the numbers of the paragraphs are not mentioned in the verification as made by him in the petition under section 9. His come Act goes on to say "subject to the other provisions contained in this Act and to such rules as the Hig Court may make in this behalf, all proceedings under this Act shall be regulated, as far as may be, by the Code of Civil Procecure 1908." Rules under the Hindu Marriage Act 1955 were made by the Punjab High Court and styled the Hindu Marriage (Punjab) Rules 1956. Rule 16 provides that the forms given in the appendix to the rules may, with necessary modifications, be used in the proceedings under the Act. Form B appended to the rules is a form for petition under section 9 of the said Act. At the foot of the form, the form of verification is given and that is;