KULDIP KAUR Vs. AMARJIT SINGH

JUDGEMENT

(1.) CMS No. 20605-06-CII of 2009 Dismissed as withdrawn. FAO No. M-5 of 2009 and CM No. 474-CII of 2009 This appeal is directed against the order dated 26.9.2008 passed by the learned District Judge, Hoshiarpur, vide which the application moved by the appellant, under Section 9 of the Hindu Marriage Act, for decree of restitution of conjugal rights, has been ordered to be dismissed.

(2.) THE appellant-wife had moved a petition seeking decree for restitution of conjugal rights, on the ground that she was married to the respondent on 2.10.2000 at village Dhade Saba Mohar Singh, Tehsil and District Hoshiarpur, according to Sikh rites. She specifically pleaded, that prior to the present marriage, the appellant was married and her marriage had been dissolved by mutual consent, and divorce deed was executed between the appellant and her earlier husband. It was pleaded, that this fact was known to the respondent- husband.

(3.) ON merit, factum of marriage was not denied, however, it was claimed to be nullity.