( 1 ) THIS appeal is directed against the judgment of a learned single Judge rendered in CCCA No. 91 of 1997 against the judgment of the V Additional Judge, City Civil Court, Hyderabad, in OS No. 1332 of 1994. The suit was decreed by the learned V Additional Judge. Aggrieved by the said judgment, the defendants filed appeal which was inturn allowed by the learned single Judge.

( 2 ) THE facts relevant to this appeal may be stated briefly as follows :the parties in this LPA will be referred to in this judgment with reference to their status in the original suit. The first defendant is the wife of the plaintiff. Defendants 2 and 3 are the parents of the 1st defendant. Defendants 4 and 5 are the daughters of the plaintiff. It is averred that the plaintiff s relation with his wife-1st defendant were strained which resulted in filing OP No. 67 of 1990 for dissolution of marriage by decree of divorce. The same was pending on the file of the I Additional Judge, City Civil Court, Hyderabad. The first defendant is under influence of her parents-defendants 2 and 3. The first defendant is acting against the interest of the children. (i) The plaintiff belongs to Agarwal Community. According to custom of that community, the marriage of girls are celebrated at an early age. The plaintiff wanted to perform marriage of defendants 4 and 5 as per customary rights and ceremonies. It is a family custom to perform marriage of children as per "ram Snehi Sampradha". The plaintiff being a religious person wants to observe all customary rights prevailing in his family. In order to defeat the rights of the plaintiff, defendants 1 to 3 selected a bride-groom for defendant No. 4 without consent of the plaintiff. The rites attached to the marriage can be performed only by the father. The plaintiff is fully competent and capable of discharging his moral religious duties. Defendants 1 to 3 denied the plaintiff s right and they want to perform the ceremonies of marriage of the 4th defendant in accordance with their custom. It is further averred that according to Hindu Marriage Act, the marriage will be valid only when it is performed in accordance with customs prevailing in the family. Hence, the plaintiff filed the suit for the relief of declaration as the plaintiff has got legal right to perform all ceremonies in connection with the marriage of the 4th defendant in accordance with the custom and religious rites prevailing in the plaintiff s family and for the relief of permanent injunction restraining defendants 1 to 3 from performing any ceremonies in connection with the marriage of defendants 4 and 5. It is stated that the customary rites include kanyadanam which the plaintiff is entitled to perform.

( 3 ) DEFENDANTS I to 4 filed written statement controverting the averments in the plaint. It is stated that the first defendant is no more the wife of the plaintiff as the decree of divorce was passed in OP No. 67 of 1990 filed by the plaintiff. It is stated that the plaintiff never took interest in the welfare of the children and he cannot impose any ancient, outmoded customary rites and ceremonies of the plaintiff s family on defendant No. 4. There are no differences in the customary rites and ceremonies of the plaintiff s family and the family of the defendants 2 arid 3. It is pleaded that in order to wreck vengeance against defendants 1 to 3 and to harass the 4th defendant, the plaintiff filed the present suit. (i) It is the case of the 4th defendant that she is a commerce graduate, is a major and is mature enough to decide about her personal affairs with a boy of her choice. Her engagement function was fixed on 24-10-1994 and when she went to invite the plaintiff to attend the said function, he avoided deliberately to meet her. Instead of attending the function and blessing defendant No. 4, the plaintiff mischievously indulged himself in frivolous litigation of filing the present suit and obtained the ex parte injunction order but it