CHANDRA KUMARI BAI Vs. BHUWAN SINGH

JUDGEMENT

(1.) Chandra Kumari Bai filed a petition before the Additional District Judge, Seoni, under section 9 of the Hindu Marriage Act for restitution of conjugal rights. The defence of the husband was that the marriage no longer subsisted since their marriage had been dissolved by the Panchas according to caste customs. The learned Additional District judge found in favour of the respondent that the appellant had been validly divorced. The petition for restitution of conjugal rights filed; hence this appeal.

(2.) Parties got married in 1967. The appellant left the marital home sometime before Diwali in 1969. According to the appellant, she was being ill-treated as she had not brought sufficient dowry. She was turned out because she could not cope up with the house-hold work which was very tiring. On 14-2-1970, the respondent along with his father and two other persons by name Ummed Singh and Maharaj Singh, came to her father's house and demanded back the ornaments. She was threatened with dire consequences in case she did not part with the ornaments. They created a scene which attracted her father and the neighbours from their fields. The ornaments were returned and a paper was got signed by her which site thought, contained the recitals of a receipt for the ornaments, delivered. The document ultimately turned out to be a Chhod-Chithi. She came to know of it when the respondent threw at her doors a similar Chithi dated 14-3-1970. The respondent got remarried six months after 14-2-1970. Now he is blessed with the children from his second wife.

(3.) The appellant's contention was that Chhod Chithi Ex. D-1 dated 14-2-1970 was thus fraudulently obtained. It was not binding on her since she was then a minor (a couple of months less than 18) and could not give a valid consent to divorce. Further, important Panchas were not called and without them, there could be no valid proceeding for a divorce.