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1959 Supreme(All) 213

S.S.DHAVAN
BIKRAM SINGH – Appellant
Versus
SUDARSAN SINGH – Respondent


Advocates Appeared:
B.B.LAL, Maharaja Bahadur Lal, R.B.Mishra

S. S. DHAVAN, J.


( 1 ) THIS is a wifes second appeal against a decree for restitution of conjugal rights obtained by the alleged husband. The plaintiff respondent Sudarsan Singh fied a suit against the appellant Raj mati for restitution of conjugal rights. He made the father of the girl a co-defendant. His case was that he had been married to Rajmati but that, before the gauna ceremony could be performed, the father of the girl began to think of re-marrying her to some one else. The plaintiff was, therefore, compelled to file the suit for the enforcement of his conjugal rights. The appellant Rajmati contested the suit and denied that she had ever been married to the plaintiff. After hearing the evidence of the parties learned Munsif observed that some of the allegations of the plaintiff were false, and there were contradictions in his evidence but he believed his story and held that the plaintiff was the husband of the appellant. He, therefore, decreed the suit for the restitution of conjugal rights and issued a permanent injunction restraining the father from remarrying Rajmati to any other person. Oh appeal the learned Civil judge, Gorakhpur confirmed the finding that the plainti












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