DIVYA JYOTI AND ANR Vs. CHANDER PAUL

JUDGEMENT

(1.) Cmp(M) No.102/2018

(2.) Suffice it to say that the respondent filed a petition (Case No.6/3 of 2015) for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955 (in short, 'the Act') which was allowed by the learned Civil Judge (Senior Division) , Court No.2, Shimla, vide order dated 11.2017 and the said order has been challenged by the petitioner in the present proceedings.

(3.) Notably, the defence taken by the petitioner all throughout the proceedings was that no legal and valid marriage had taken place between the parties, however, this question was not even determined by the learned court below vide impugned order.