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P. B. BAJANTHRI, ARUN KUMAR JHA
Neeraj Kumar Singh – Appellant
Versus
Tesu Kumari – Respondent
Arun Kumar Jha, J. – The instant Miscellaneous Appeal has been filed under Section 19(1) of the Family Courts Act, 1984 against judgment and decree dated 04.11.2015 and 21.11.2015, respectively, passed by the learned Principal Judge, Family Court, Bhagalpur in Matrimonial Case No. 81 of 2009.
Factual Aspects of the matter: –
2. The conspectus of case of the parties is that the respondent filed Matrimonial Case No. 81 of 2009 under Section 9 of the Hindu Marriage Act, 1955 (for short ‘HMA’) against the appellant/opposite party seeking restitution of conjugal rights against the appellant directing him to discharge his marital obligations towards the respondent. For the sake of convenience, we will be using nomenclature as used in the present appeal for further reference. From the petition of the respondent before the learned Family Court, it appears that she had been living in Bhagalpur and working in LIC in one of its Branches at Bhagalpur. The appellant solemnized marriage with the respondent on 9th November, 2003 according to Hindu Rites and Customs at Bhagalpur. Both appellant and respondent used to work in LIC and they were posted at LIC Office, District- Sahebganj, Jharkhand in
Restitution of conjugal rights – If photographs are available, they require a non-biased approach for their consideration.
A continuous cohabitation raises a presumption of marriage; the disputing party carries the burden of proof to establish otherwise.
Marriage – Proof of - while defining the word 'solemnize' in connection with a marriage under the Hindu Marriage Act, held inter alia, that word 'solemnize' means in connection with a marriage, 'to c....
A marriage must be validly proved under customary law with clear and certain evidence, beyond mere cohabitation or undocumented assertions.
The main legal point established in the judgment is that the appellant failed to prove her marriage with the respondent and her claim of living together as husband and wife, leading to the dismissal ....
The conduct of a spouse can provide sufficient grounds for the other spouse to withdraw from the society, as per Section 9 of the Hindu Marriage Act, 1955.
The validity of subsequent marriage during the subsistence of a previous marriage under Section 11 of the Hindu Marriage Act.
A presumption of marriage exists based on cohabitation unless disproven, placing the burden of proof on the party denying the marriage status.
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