RANVIR KUMAR CHOUDHARY Vs. SUSHMIT SUMAN

JUDGEMENT

(1.) HEARD learned counsel for the appellant and learned counsel for the respondent.

(2.) THE appeal is directed against the judgment and order dated 5.9.2011 passed by the Principal Judge, Family Court, Darbhanga in Matrimonial Case No. 154 of 2008 by which he has dismissed the Matrimonial case under Section 9 of the Hindu Marriage Act for restitution of conjugal right filed by the appellant on contest.

(3.) THE respondent appeared upon notice and filed the written statement by way of objection taking the plea that the case has been filed with vexatious, malicious and dishonest intentions for maligning and defaming the prestige of the respondent and high reputation of her in -laws and the parents and for extorting money from them as the respondent had or has no concern with the applicant. It was further asserted that the respondent is the daughter of a reputed Doctor and her mother is also Principal and Director of Jesus and Mary School, Darbhanga and further that the respondent is married with Dr.Rajnish, son of Mrs. Veena Singh and Ramashankar Singh, the Joint Commissioner, Commercial Taxes on 24th November, 2008 and is leading happy conjugal life with her husband. It was also asserted that the statement regarding her marriage made in the application was totally false and at the relevant time she was living with her parents and a regular student of final year MBBS and never married or even knew the applicant. It was also asserted that from a reading of paragraphs 1, 3 and 4 of the Matrimonial case it is apparent that no ceremonies like Saptapadi and Kanyadan were performed in the alleged marriage dated 27.11.2005 and thus such marriage cannot be said to have been solemnized in accordance with the provisions of Section 7 of the Hindu marriage Act, 1955. It was further asserted that the applicant sent forged affidavit along with a C.D. and photographs at the address of her Mausi which she came to know on 6.8.2008 and thereafter her father appeared in court, swore affidavit on 14.8.2008 and filed the same before the Marriage Officer, Darbhanga. It was asserted that a fraudulent marriage certificate had been obtained in the name of the respondent by forging her signature by impersonating the respondent before the Marriage Officer on 8.2.2006 as well as on the affidavit dated 5.1.2006 and the C.D. and the photographs of the alleged marriage were brought into existence by mechanization by computer by placing the face of the respondent using software of computer aided design. It was however admitted that the applicant was carrying out the business of computer and also supplied computers in Jesus and Mary School run by the mother of the respondent and alleged that it was possible that he might have taken advantage of access to the said school where often the respondent also went to meet her mother. It was also asserted that an application was filed for scrapping the marriage certificate in question.