SMT. SNEHA ALIAS NEHA Vs. VIRENDRA KUMAR SAINI

JUDGEMENT

(1.) This appeal under Section 28 of Hindu Marriage Act, 1955 has been preferred by the appellant against the judgment and decree dated 24.08.2012, passed by II Additional District Judge, Khandwa (M.P.) in Civil Suit No.05-A/2012, whereby the petition under Section 9 of Hindu Marriage Act, 1955 for restitution of conjugal rights preferred by respondent has been allowed.

(2.) The respondent filed an application under Section 9 of Hindu Marriage Act, 1955 stating that his marriage with appellant was solemnized by Hindu rites and religion on 19.07.2010 and both the parties have executed affidavits before the Notary in confirmation of their marriage. After marriage the parties resided at Indore for a month thereafter the appellant went to her parents house. On 31.01.2011 the respondent met her and then he came to know that the parents of appellant are against her marriage with respondent and they want to marry her with some other person. Therefore, respondent moved the application for restitution of conjugal rights.

(3.) In her reply appellant denied the factum of marriage with respondent. She has averred that she is unmarried girl and had not performed marriage with the respondent. It is further pleaded that the respondent had obtained her signatures on affidavit by playing fraud. It is prayed that she is not the married wife of respondent, therefore, application under Section 9 of Hindu Marriage Act is liable to be dismissed.