SURESH KUMAR Vs. SANDHYA

JUDGEMENT

(1.) THIS appeal is directed against the order dated 9-3-1989 passed by the IIIrd Additional Judge to the Court of District Judge, Indore, in Case No. 3 of 1980 under the Hindu Marriage Act, 1955 (for short 'the act' ).

(2.) CIRCUMSTANCES giving rise to the appeal are these : The present appellant instituted a suit against the respondent No. 1 under Section 9 of the Act for restitution of conjugal rights alleging that she is his wife. In the suit, the respondent No. 1's parents have also been impleaded and relief of permanent injunction restraining the marriage of the respondent No. 1 has also been claimed.

(3.) IN the said suit, he filed an application under Order 39 Rules 1 and 2 and Section 161 of the Civil Procedure Code; 1908 (for short 'the Code') for grant of temporary injunction, restraining the respondent No. 1's marriage till the disposal of the aforesaid suit.