SMT. GITA AND ANOTHER Vs. BHERU LAL

JUDGEMENT

(1.) Smt. Gita and her father Rawa have filed this appeal against the judgment and decree dated Sept. 27, 1982 passed by the District Judge, Bhilwara, whereby on the petition submitted by the respondent under Sec. 9 of the Hindu Marriage Act, a decree for restitution of conjugal rights was passed.

(2.) The respondent Bherulal submitted petition for restitution of conjugal rights with the allegations that he was married with Smt. Gita on Nov. 23, 1970. in Village Kanya (District Ajmer) when both of them were minors. For the first time after the marriage Smt. Gita came to reside with the petitioner at his village Samgar on Oct. 3, 1980 there the marriage was consume rated and both of them started living as husband and wife. On Dec. 12 1980, the petitioner along with his wife, had gone to Bhilwara to his uncle on account of famine. On Dec. 23, 1980, Gita's father Rawa took away both of them through the S. H O. Police Station Beawar. Thereafter Gita was taken away by her father and she did not return to join the petitioner and assume the marital relationship. The petitioner stated that the petitioner had been deprived of the company of his wife without any lawful and reasonable excuse.

(3.) A reply of the petition was filed, in which the allegation of marriage was denied and in the alternative it was also pleaded that in case it is found that the parties were married, then the said marriage stood prevailing in the community, by payment of Jhagra money amounting to Rs. 5,351 and a writing to that effect was executed. It was also averred that the non-petitioner Gita entered into a Nata marriage with some Kurpa son of Gokalji Gujar resident of Mataji ka Khera.