Musammat Baldei vs Abhey Ram - 1914 Supreme(All) 250

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1914 Supreme(All) 250

PIGGOTT
Musammat Baldei – Appellant
Versus
Abhey Ram – Respondent

JUDGMENT

Piggott, J. - In this case the plaintiff-respondent, Abbey Ram, is a minor suing, through his father Nawal, for restitution of conjugal, rights as against his own wife, Musammat Baldei, and certain other persons who are alleged to be keeping her from him. The substantial defence set up was that Musammat Baldei had never gone through any ceremony of marriage of any sort or kind with Abhey Ram, but that she had, as a matter of fact, boon married to Tika Ram, a brother of Abhey Ram, since deceased. The lower Appellate Court has found in favour of the plaintiff upon all essential issues of fact and the defendants have come to this Court in second appeal. There was in the Courts below some controversy as to the age of the first defendant, Musammat Baldei, as to which the lower Appellate Court seems to have come to the conclusion that this lady was under eighteen years of age when the suit was filed, but had apparently attained the ago of eighteen years and ceased to be a minor by the time the appeal came to be disposed of. The order passed by the learned Subordinate Judge in view of this finding appears to be correct and I do not quite understand why it is challenged in the thir

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