LAXMIKANT Vs. PREMWATI DEVI

JUDGEMENT

(1.) APPELLANT/non-APPLICANT has filed this appeal under Section 28 of the Hindu Marriage Act against the finding of judgment dated 30th June, 1993 passed by the IVth Additional Judge to the Court of District Judge. Jabalpur in Civil Suit No. 15-A/86 which is regarding the solemnisation of marriage between the appellant and respondent.

(2.) THE admitted facts of the case are that the appellant is working in the Police Department in M. P. and he is permanent resident of Gram Mongra, Badshahpur, Distt. Jaunpur (UP ). It is also a common ground that in the year 1984 the appellant has got married with one Maya Devi.

(3.) RESPONDENT/petitioner has filed the petition under Section 9 of the Hindu Marriage Act for the restitution of conjugal rights against the defendant alleging that the marriage between the appellant and respondent was performed in the year 1975 at village Serawan Atrampur, P. S. Nawabganj, Distt. Allahabad according to Hindu rites and customs and the petitioner led for about 5 years the matrimonial life with the appellant. That in the year 1982 appellant has joined the Police Department as a constable and he was posted at Jabalpur. That the appellant had stopped from 1982 of coming to village to meet the petitioner. That father of the petitioner went to persuade the appellant at Jabalpur and there he had learnt that the respondent in the year 1984 has performed the second marriage with one Maya Upadhyay. The petitioner has prayed that order be passed against the respondent under Section 9 of the Hindu Marriage Act for the restitution of conjugal rights.