SANJEEV NAYAN KUMAR Vs. PRITI KUMARI

JUDGEMENT

(1.) Heard the learned counsel for the appellant Sanjeev Nayan Kumar, Nobody appeared on behalf of the respondent, although notices were served upon the respondent.

(2.) This appeal is directed against the judgment and decree dated 23-9-2006 (decree was signed on 4-12-2006) passed by Sri Vishnu Kant Sahay, 1st Additional District and Sessions Judge, Palamau at Daltonganj in Matrimonial Case No. 20 of 2000, by which judgment the suit for restitution of conjugal right filed by appellant under Section 9 of the Hindu Marriage Act, 1955 was dismissed.

(3.) It is submitted by learned counsel for the appellant that the appellant had adduced evidences to prove that the appellant. Sanjeev Nayan Kumar was legally married with Priti Kumari at Bhikhamdas Mandir, Daltonganj on 16-12-1999 and the plaintiff witnesses P. W. 1 and P. W. 4 proved the same. The said marriage was also registered by the appellant at Latehar Marriage Registration office, which was also proved by the evidences of P. W. 6, and as such, the learned trial Court committed an error of law and fact in dismissing the suit and refusing to pass decree for restitution.