RAMKHILAWAN ALIAS RAJNATH Vs. JANKI DEVI

JUDGEMENT

(1.) The judgment passed in this appeal will also govern the disposal of Ramkhilawan alias Rajnath Vs. Janki Devi alias Bifaiya , First Appeal No. 3 of 1984.

(2.) Admittedly the appellant Ramkhilawan and respondent Janki Devi were married in May, 1972 when both were minors. Respondent-wife Janki Devi first of all, brought a suit under section 9 of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act') which was registered as Civil Suit No. 15-A of 1982, for restitution of conjugal rights against her husband appellant as well as against Ramlagan, the father of her husband and one Hari Prasad on the ground, inter alia, that after her marriage she had been living with the appellant as his wife but she was neglected and deserted about 2 months before the institution of the suit for restitution of conjugal rights and that her husband-appellant had taken a second wife named Munni in April, 1982.

(3.) The appellant contested the suit instituted by his wife for conjugal rights, by contending that the consent of his father-guardian for his marriage during his minority was obtained by pressure of grand-father, late Radha Krishan, and, therefore, the marriage was void. He also took the plea that he never accepted respondent Janki Devi as his wife.