Akhilesh Kumar vs Shivangi Chauhan - 2016 Supreme(Pat) 1683

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2016 Supreme(Pat) 1683

V. NATH
Akhilesh Kumar – Appellant
Versus
Shivangi Chauhan – Respondent

Advocates Appeared:
Mr. Rajeev Sah, For the Appellant.

V. Nath, J. – Heard Mr. Rahman, the learned counsel for the petitioner.

2. The present application under Article 227 of the Constitution of India has been filed by the petitioner questioning the rejection of the petition for grant of injunction by the learned court below where the prayer was made to restrain the defendants other than the defendant no. 1 from performing the marriage of the defendant no. 1.

3. The factual expose’ are that the petitioner as plaintiff filed Matrimonial Case No. 179 of 2016 before the Family Court, Patna seeking the relief for declaration that the petitioner and the opposite party no. 1 got valid married with each other as a result of freedom of their choices and for further declaration that the petitioner and the opposite party no. 1 were husband and wife. The prayer was also made for restitution of conjugal rights.

4. From the averments made in the plaint (Annexure-1), it is manifest that according to the petitioner, the opposite party no. 1 came in his contact while they were student in the year 2012 and had developed carnal relationship with each other. It has been averred that the said relationship continued with intervals at different places where

Click Here to Read the rest of this document