SHANKARAPPA VS. BASAMMA

( 1 ) THE question arising in this revision petition is whether a suit brought by a person claiming to be the wife of the defendant for an injunction restraining the defendant from contracting a second marriage is cognisable by a civil court.

( 2 ) THE material facts are these: In the court of the Munsiff of Gulbarga, the plaintiff claiming to be the wife of the defendant instituted a suit on May 6, 1961 and the prayer portion of the plaint reads as follows:

"hence it is prayed that the plaintiff's suit be decreed against the defendant with cost as follows: 1. That the defendant be perpetually restrained from marrying one Sitamma D/o Gundappa R/o of Pada Taluk Gulbarga or any other girl or woman; 2. Any other relief which the court deems fit be awarded. "

In para 1 of her plaint it was stated that the plaintiff was married to the defendant 12 years before the date of the institution of the suit and that she was the second wife of the defendant. In para 3 of the plaint she complained of ill-treatment on the part of the husband. In paras 4 and 5 it was stated that the defendant had been instigated to take a third wife and that since such marriage would amount

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