SUNDER KANWAR Vs. GUMAN SINGH

JUDGEMENT

(1.) This civil miscellaneous appeal under Sec. 28 of the Hindu Marriage Act, 1955, is directed against the decree of the District Judge, Jhunjhunu, dated February 11, 1971, in proceedings for restitution of conjugal rights.

(2.) Briefly stated, the facts of the case are that represent Guman Singh moved an application against the appellant under Sec. 9 of the Hindu Marriage Act, 1955, for restitution of conjugal rights, It was alleged in the application that the marriage between the parties was solemnized according to the Hindu rites on January 19, 1965, at village Surjanpurs. After the marriage, the parties lived together as husband and wife till Posh Samwat Year 2022. The appellant then went to her father's house at Surjanpura. The respondent further alleged that on Mah sud 9, Samwat Year 2022, Shanker Singh of village Ramdhana forlornly took away the appellant from Surjanpura and since that date, the appellant has been living with Shanker Singh. This application was contested by the appellant on the ground that no marriage tock place between the parties. She further alleged that she was the wife of Shanker Singh of village Ran dhana.

(3.) On the pleadings of the partite, the following issues were framed by the trial court, - -