SAVITRI DEVI Vs. SURYABHAN SHARMA

JUDGEMENT

(1.) THIS is an appeal under Section 28 of the Hindu Marriage Act, arising out of the judgment and decree dated 16. 1. 1989 passed by the District Judge, Rewa, in Civil Suit No. 36-A of 1987.

(2.) THE appellant had filed the petition for restitution of conjugal rights under Section 9 of the Hindu Marriage Act. The case of the appellant was that she had been married with the respondent 25-27 years back, according to Hindu Vedic rites. After marriage with her, the respondent kept one Shantibai, who was Sunar by caste and was a married lady having children. It was on the date of the Pujan of Kuldevta that the appellant objected that Shantibai is not a Brahmin by caste and, therefore, she cannot take part in the Pujan of Kuldevta, she was abused, beaten and driven out of the house. Since then she is living with her parents. She also filed an application under Section 27 of the Hindu Marriage Act for return of the articles.

(3.) THE respondent had denied that Shantibai was a kept wife. Accord ing to the respondent, the marriage of the respondent with Shantibai had taken place 30 years before whereas the marriage of the respondent with the appellant had taken place only 25 years before. The respondent also admitted that two issues, a son and a daughter, were born out of the wedlock but they had expired. From Shantibai, the appellant has five sons and two daughters. The respondent denied and resisted the claim of the appellant and submitted that she (the appellant) being the second wife, the marriage with her is void. She is living separately of her own accord for the last about 18 years with her parents. She is not entitled to any relief claimed.