AMIT SHARMA Vs. PARUL

JUDGEMENT

(1.) Appellant has filed this appeal against the judgment and decree dated 25.09.2017 passed by the Court Principal Judge, Family Court, Panna in Hindu Marriage Case No.45/2015.

(2.) Appellant filed an application under Section 9 of Hindu Marriage Act 1955 read with Section 22 of Special Marriage Act, 1954 for restitution of conjugal rights. He pleaded that an agreement of marriage between appellant and respondent was executed before Notary District Panna on 11.01.2010. On the basis of aforesaid agreement, an application was filed before the Collector/District Marriage Registration Officer, Panna to issue certificate of marriage in accordance with the provision of Special Marriage Act 1954. Proceedings were conducted thereafter, marriage certificate was issued on 23.02010. Respondent was living separately, she did not come to live with the appellant to perform obligation of marriage hence, decree of restitution of conjugal rights be passed.

(3.) Respondent in her reply denied the fact that any marriage was solemnized between appellant and respondent. She further pleaded that agreement prepared by the appellant before the Notary dated 11.01.2010 is forged and fabricated document, it is ab initio void . Notary was not authorized to execute the agreement in regard to marriage. She denied the fact that any application was filed before the Collector for certification of marriage and when the marriage was not solemnized, there was no question of issuance of certificate of marriage. The proceedings were conducted before the Collector are not in accordance with law. The respondent did not live with the appellant. Respondent also filed counter-claim declaring the certificate of marriage dated 202.2010 as null and void.