SMT. PUKHDI AND ORS. Vs. PARAS RAM

JUDGEMENT

(1.) THIS appeal arises out of proceedings for restitution of conjugal rights under Section 9 of the Hindu Marriage Act.

(2.) THE Respondent Paras Ram filed a petition for restitution of conjugal rights, alleging that he was married to the first Appellant, Smt. Pukhadi, and that she had left him subsequently and had refused to return. The case of the first Appellant is that she was never married to. Paras Ram and, on the contrary, she was married to the second Appellant khimu.

(3.) IN this appeal, it has been urged by learned Counsel for the Appellants that the learned District Judge has erred in holding that the first Appellant was married to Pajas Ram. It is contended that custom required the performance of Ganesh Puja, and no such Puja was ever performed when the first Appellant is alleged to have married Paras Ram. The question is whether the performance of Ganesh Puja was necessary for completing the marriage alleged between Paras Ram and the first Appellant. Question No. 16 of the Riwaj -i -am mentioned above, and the answer thereto, are set out: