SUSHMAKUMARI Vs. OM PRAKASH

JUDGEMENT

(1.) This is the Miscellaneous Civil Appeal preferred against the order dated 26th April, 1995 passed by the Principal Judge, Family Court, Patna in Matrimonial Case No. 105 of 1989, whereby the Trial Judge disallowed the application of Sushma Kumari for her examination as a witness in the case.

(2.) Briefly the facts of the case are that the husband Om Prakash filed matrimonial Case No. 105 of 1989 against Sushma Kumari for restitution of conjugal rights. Om Prakash pleaded that his love marriage with the inter-caste girl Sushma Kumari was solemnised according to Hindu rites by a Pandit in Kali Mandir at Darbhanga house in presence of the well-wishers.

(3.) Earlier Om Prakash managed to get filed a forged and fictitious vakalatnama on behalf of Sushma Kumari and obtained the ex pane decree against her. When Sushma Kumari came to know, she moved a petition in the Family Court in the case for the cancellation of that vakalatnama and by the order dated 6th July, 1990 Sushma Kumari was allowed to put contest in the case. Sushma Kumari filed the written statement denying the performance of her marriage with Om Prakash.