BALWANT KUNWAR Vs. ADDL MUNSIFF DEHRA DUN

JUDGEMENT

(1.) The question raised in this petition under Articles 226 and 227 of the Constitution is whether, in view of the enactment of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act, or the 1955 Act), a Munsif has jurisdiction to entertain a suit for restitution of conjugal rights where the parties are Hindus.

(2.) Ranjit Singh filed suit No, 306 of 1955 in the Court of Munsif, Dehra Dun against Smt. Bal-want Kunwar, Bakshish Singh and Inder Kunwar. Defendant No. 1 is plaintiff's wife. Defendant No. 2 and defendant No. 3 are her brother and mother respectively. The reliefs claimed by the plaintiff are : (a) a decree against the defendant No. 1 directing her to live with the plaintiff and to allow him a free exercise of his conjugal rights: (b) an injunction restraining the defendants Nos. 2 and 3 from preventing the defendant No. 1 from coming to the plaintiff's house.

(3.) Various pleas were raised in defence. One of the pleas was that the Court has no jurisdiction to try the suit. The learned Munsif took up issue No. 1 as a preliminary issue on a question of law. On 18-4-1956 he passed an order deciding the issue in plaintiff's favour. The learned Munsif held that he had jurisdiction to try a suit for restitution of conjugal rights. The defendants are not satisfied with this decision dated 18-4-1956. They maintain that in view of the Hindu Marriage Act, 1955, the suit is not maintainable. Hence the present application under Articles 226 and 227 of the Constitution.