Dhir Singh vs Kailashi - 1965 Supreme(All) 514

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1965 Supreme(All) 514

S. S. DHAVAN
Dhir Singh – Appellant
Versus
Kailashi – Respondent

ORDER

S.S. Dhavan, J. - This is a husband's second appeal hum the decree of the First Civil Judge of Muzaffarnagar dismissing his appeal from the decree of the Additional Munsif Muzaffarnagar issuing an injunction to restrain him from marrying again in the life time of his first wile. It raises a question of law of general importance-namely, whether a preventive injunction under the Specific Relief Act can be issued to restrain a Hindu husband from contracting a second marriage during the subsistence of the first. The Plaintiff Respondent Smt. Kailashi related the following story in her plaint. She was the lawfully wedded wife of the Defendant Appellant Dhir Singh being married to him according to Karao rites. The parties belong to the Jat community which permits a form of marriage known as ''Karao". This requires no ceremony except the payment of a sum of one rupee to the husband. She alleged that she was first married to Dhir Singh's brother Shyam Singh and had a daugther by him, but after five years Shyam Singh died, and a year after his death she was married to the Defendant Appellant Dhir Singh and had a daughter by him. Within a year and hall of the marriage he persuaded her t

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