PARWATI DEVI Vs. HARBINDRA SINGH

JUDGEMENT

(1.) This civil miscellaneous appeal is directed against an order of the Additional District Judge, Bharatpur, dated 6th August, 1979, whereby the appellant Smt. Parwati Devi had been restrained through an interim injunction from contracting a marriage with any other person during the pendency of the proceedings under Section 9 of the Hindu Marriage Act, 1955, for restitution of conjugal rights.

(2.) The respondent Harbindra Singh filed a petition under Section 9 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act') for restitution of conjugal rights against the appellant Smt. Parwati Devi. According to the husband Harbindra Singh, the marriage was solemnised between the parties on 29th July, 1978 at Bharatpur and the same was registered on 24th August, 1978, by the Registrar of Marriages. Smt. Parwati Devi wife of the respondent refused to perform marital obligations without any reason under the influence of her parents and as such a petition was filed under Section 9 of the Act for restitution of conjugal rights. Smt. parwati, appellant, contested the above petition inter alia on the ground that no marriage was solemnised between the parties and she was not the wife of the petitioner Harbindra Singh. During the pendency of the above petition Harbindra Singh filed an application under Order 39, Rules 1 and 2 read with Section 151, C.P.C. that Smt, Parwati should be restrained by an injunction not to marry another person during the pendency of the petition under Section 9 of the Act. This application was also contested by the appellant. The learned Additional District Judge after hearing the parties arrived at the conclusion that there was a prima facie case in favour of the petitioner Harbindra Singh. He also came to the conclusion that a remarriage by one of them would causa an injury which cannot be measured in terms of money. The point of balance of convenience was also decided in favour of the petitioner. Aggrieved against the aforesaid order Smt. Parwati has come in appeal to this Court.

(3.) Mr. Gupta, learned counsel appearing on behalf of the appellant, has contended that there is no provision in the Hindu Marriage Act under which a husband apprehending that his wife is going to perform a second marriage can apply and obtain an injunction restraining the wife from doing so. The only reliefs available in the Act are restitution of conjugal rights, a decree of divorce and a decree of nullity but there is no provision in the Act under which an injunction could be sought against the other party for restraining her from marrying with other person. It is submitted that when no such relief could be sought under any provision of the Act, in that case the Court has no power to grant any interim injunction also in this regard. Reliance in support of the above contention is placed on Umashankar Prasad Singh v. Smt. Radha Devi, AIR 1967 Pat 220 and Trilokchand Modi v, Om Prakash Jaiswal, AIR 1974 Pat 335,