PARMESHWARI Vs. PARKASH CHANDER

JUDGEMENT

(1.) ON hearing the learned Counsel for the parties and on perusal of the record, we are of the view that there is no scope for interference with the well considered judgment of the learned Single Judge.

(2.) IN order to appreciate the case, the following pedigreetable may be kept in view: Mukhtiar Singh ------------------------------------------------------------| | | | | Parmeshwari=ishwar Singh=dalip Singh Parkash Chander 4th Son 5th Son Botti Ishwar Singh and Dalip Singh were married to Parmeshwari and Botti respectively on the same day in the year 1959, Parmeshwari and Botti are sisters. In 1961 Ishwar Singh was discharged from Army and thereafter be was not heard of for 7/8 years and-in November, 1969 she was married to Parkash Chander, brother of her first husband, under the customary form of marriage (Kareva) and since he had deserted her without any sufficient cause, sought a decree of restitution of conjugal rights.

(3.) PARKASH Chander denied the alleged Kareva form of marriage. Later-on the petition was amended in order to plead that in the. community to which the parties belonged a marriage could be dissolved under custom on the ground of either party becoming mentally insane or having been not heard of for a period of 2/3 years, the other spouse can enter in the Kareva form of marriage. It was thus pleaded that her first husband had become insane and his whereabouts were not known for 7/8 years, and, therefore, her Kareva marriage with Parkash Chand was legal and she was entitled to restitution of conjugal rights.