Advocates:
Advocate Appeared:
For the Appellant :Shri Amiyakant Tiwari, Advocate.
For the Respondent: Shri Jitendra Gupta and Ms. Itu Rani Mukherjee, Adv.

Key Points

• Case Details: Appeal under Section 19(1) of the Family Courts Act, 1984 read with Section 28 of the Hindu Marriage Act, 1955 against judgment dated 12.2.2016 in Civil Suit No.226-A/2014 by the 3rd Additional Principal Judge, Family Court, Durg, decreeing respondent-wife's suit under Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights. [10000098550001]

• Marriage and Separation: Marriage solemnized on 5.5.2001 between appellant (Kishor Kumar) and respondent (Smt. Maya Devi) at Village Junwani, Tehsil Gunderdehi, District Durg; parties living separately. [10000098550001][10000098550002]

• Respondent's Claim: Respondent filed suit on 19.6.2003 alleging appellant withdrew from society without reasonable excuse; after one month of marriage, respondent went to parental home to complete B.Sc., returned after exams on 6.5.2002; anonymous letters raised character doubts, leading appellant to refuse cohabitation. [10000098550001][10000098550002]

• Appellant's Defense: Appellant admitted marriage but claimed respondent converted to Islam, became Shabnam Nisha, and married Saiyyad Zuber; learned of this post-6.5.2002 when bringing her home; suppressed facts by respondent and her father. [10000098550002]

• Evidence Presented: Respondent examined AW-1 to AW-4; appellant examined NAW-1 to NAW-5 (including Saiyyad Zuber as NAW-2, handwriting expert NAW-3). Lower court allowed respondent's suit. [10000098550003]

• Appellant's Evidence on Marriage: Marriage certificate (Ex.-D/1, Ex.-D/10) under Special Marriage Act, 1954 (Case No.157/01) between respondent (Maya Devi @ Shabnam Nisha) and Saiyyad Zuber on 20.12.2001, conclusive under Section 13; affidavits (Ex.-D/14, D/15), photos (Ex.-D/11), marksheets (Ex.-D/12, D/13); Khulanama Talaq (Ex.-D/18); anonymous letters (Ex.-D/3 to D/6). [10000098550005][10000098550011][10000098550015][10000098550016]

• Respondent's Response: Denied conversion or marriage to Saiyyad Zuber; challenged certificate authenticity; anonymous letters sent by unknowns, even pre-marriage; Saiyyad Zuber was her tutor. [10000098550006]

• Section 9 HMA Overview: Court may decree restitution if spouse withdrew without reasonable excuse; burden on withdrawer to prove reasonable excuse. [10000098550008][10000098550010]

• Appellant's Testimony: Respondent stayed one month post-marriage, then studied for a year; brought her home 6.5.2002; verified letters, obtained marriage certificate; social meeting where respondent and father admitted marriage. [10000098550011][10000098550012]

• Supporting Witnesses for Appellant: NAW-5 (Gulab Ram Deshmukh, society executive) and NAW-4 (appellant's father) confirmed social meeting admission of respondent's marriage post-conversion. [10000098550013]

• Respondent's Cross-Examination: AW-1 denied marriage proceedings/photos (later called look-alike); AW-2 (father) admitted photo was daughter's, Saiyyad Zuber's involvement in counseling, his fleeing after 6 months, no action against him, no police progress on Section 498A complaint. [10000098550014]

• Saiyyad Zuber's Testimony: Married respondent 20.11.2001 (Nikahnama Ex.-D/9), unaware of her prior marriage; registered marriage at her insistence (Ex.-D/10); cohabited 5 days; Khulanama Talaq 18.7.2002 (Ex.-D/18). [10000098550015]

• Court's Analysis of Evidence: Anonymous letters verified leading to discovery of secret second marriage; social meeting, police inaction, proved connections; marriage certificate conclusive evidence. [10000098550016][10000098550017]

• Legal Effect of Certificate: Under Section 13 Special Marriage Act, certificate conclusive proof of marriage formalities. [10000098550005][10000098550017]

• Conversion and Second Marriage: Conversion does not dissolve Hindu marriage; provides ground for divorce under Section 13 HMA; second marriage void under Sections 11, 17 HMA and Section 43 Special Marriage Act, offence under IPC Sections 494/495. [10000098550019] (!) (!) (!)

• Finding on Reasonable Excuse: Respondent's conduct (conversion, second marriage) sufficient reasonable excuse for appellant's withdrawal; appellant established defense. Lower court findings perverse. [10000098550020][10000098550021]

• Final Decision: Appeal allowed; impugned judgment set aside; respondent's Section 9 suit dismissed; parties bear own costs. [10000098550022][10000098550023][10000098550024]