ASHA KUMARI Vs. SATISH KUMAR

JUDGEMENT

(1.) On 11.12.1985 Satish Kumar filed a petition for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955 (for short 'the Act'), against Asha Kumari on the pleas that marriage was solemnized on 6.11.1985 according to Hindu rites and ceremonies and they cohabited as husband and wife at Delhi upto 8th Nov., 1985, when she went to her father's house at Sonepat; that when he went there to take her on 27th Nov., 1985, her father and brother did not allow him to meet her.

(2.) In reply, Asha Kumari denied the relationship of husband and wife and also denied the marriage between them as alleged by Satish Kumar. She pleaded that fraud had been played on her by Satish Kumar in creating evidence of marriage. She also pleaded that Satish Kumar was already a married person and could not enter into a lawful marriage with her during the subsistence of his first marriage.

(3.) In the replication, while reiterating the pleas raised in the original petition, the husband pleaded regarding the first marriage as follows:-