RAMLAL AGARWAL Vs. SHANTA DEVI

JUDGEMENT

(1.) This appeal is directed against the judgment of a learned single Judge rendered in CCCA No.91 of 1997 against the judgment of the V Additional Judge, City Civil Court, Hyderabad, in OS No. 1332 of 1994. The suit was decreed by the learned V Additional Judge. Aggrieved by the said judgment, the defendants filed appeal which was inturn allowed by the learned single Judge.

(2.) The facts relevant to this appeal may be stated briefly as follows :

(3.) Defendants I to 4 filed written statement controverting the averments in the plaint. It is stated that the first defendant is no more the wife of the plaintiff as the decree of divorce was passed in OP No.67 of 1990 filed by the plaintiff. It is stated that the plaintiff never took interest in the welfare of the children and he cannot impose any ancient, outmoded customary rites and ceremonies of the plaintiff's family on defendant No.4. There are no differences in the customary rites and ceremonies of the plaintiff's family and the family of the defendants 2 arid 3. It is pleaded that in order to wreck vengeance against defendants 1 to 3 and to harass the 4th defendant, the plaintiff filed the present suit. (i) It is the case of the 4th defendant that she is a commerce graduate, is a major and is mature enough to decide about her personal affairs with a boy of her choice. Her engagement function was fixed on 24-10-1994 and when she went to invite the plaintiff to attend the said function, he avoided deliberately to meet her. Instead of attending the function and blessing defendant No.4, the plaintiff mischievously indulged himself in frivolous litigation of filing the present suit and obtained the ex parte injunction order but it was suspended by the Honourable High Court in CMP No.16513 of 1994 in CMA No.1372 of 1994. The plaintiff has no right to perform and solemnize the marriage of defendant No.4 in accordance with the customs of the family. The 4th defendant is not prepared to go to the plaintiff's house to take blessing and she has decided to undergo the marriage ceremony in a simple manner as per Hindu Marriage Act. It was thus prayed by defendants 1 to 4 that the suit of the plaintiff may be dismissed with costs.