Matrimonal Law  - Restitution of conjugal rights

Suit filed for by the respondent - Family Court found that the attempt of the respondent is to blackmail the appellant and the respondent had already married to another lady and a daughter was born in connection with the said marriage - Family Court - There is no marriage there is no question of restitution - Appeal filed High Court after recording that the validity of marriage was always denied by the appellant gave certain directions for settlement between the parties - Hence, the appeal - The Supreme Court held that since no marriage has been established, directions given by the High Court are wholly inappropriate - Impugned order of the High Court set aside and the judgment of the Family Court restored - Appeal allowed with cost.

Found In:  Topic Index, Subject Index

The Hindu Marriage Act, 1955  - Section 9

Petition under - Appellant filed a proceeding under Section 9 for restitution of conjugal rights -Petition withdrawn having ended in a compromise - After sometime, the appellant filed a petition for a decree of divorce and dissolution of marriage on the grounds of cruelty and desertion - Learned District Judge granting the decree of divorce - Decree reversed by the High Court - High Court held that by filing a petition under Section 9 of the Act, the appellant had condoned the earlier alleged acts of cruelty of the respondent wife - Daughter-child clearly stating the cruelty of the appellant-husband towards his wife - Sufficient reason for the wife to stay apart - No reason for interference - Appeal dismissed.

Found In:  Topic Index