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RAJAN ROY, OM PRAKASH SHUKLA
Shruti Agnihotri – Appellant
Versus
Anand Kumar Srivastava – Respondent
JUDGMENT
Heard Ms. Sunieta Ojha, learned counsel for the appellant and Ms. Seema Kashyap, learned counsel for the respondent.
2. This is an appeal under Section 19(1) of the Family Courts Act, 1984 read with Section 28 of Hindu Marriage Act, 1955 challenging the judgment and order dated 29.08.2023 passed in Original Suit No. 1990 of 2009; Shruti Agnihotri Vs. Anand Srivastava.
3. The appellant herein had filed a Suit bearing No. 1990 of 2009 under Section 12 of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act, 1955’) against the respondent i.e. the alleged husband, on 14.10.2009. The respondent on the other hand filed a Suit bearing No. 2168 of 2009 under Section 9 of the Act, 1955 on 11.11.2009 seeking restitution of conjugal rights. Both the suits were clubbed together for the purposes of collecting and recording of evidence and for being decided by a common judgment. The evidence is therefore common. The suit of the appellant under Section 12 of the Act, 1955 has been dismissed, whereas, the suit of the respondent under Section 9 of the Act, 1955 has been decreed.
4. The facts of the case in brief are that the appellant and her family were residents of Kanpur. The
Restitution of conjugal rights – Where marriage itself is not proved, decree for restitution of conjugal rights cannot be sustained.
Marriage under Hindu law requires performance of essential ceremonies; mere documentation is insufficient to establish valid marital status.
A continuous cohabitation raises a presumption of marriage; the disputing party carries the burden of proof to establish otherwise.
Hindu marriage – Unless and until marriage is performed with appropriate ceremonies and in due form, it cannot be said to be solemnised – Certificate of marriage is a proof of validity of Hindu marri....
Annulment of marriage – Certificate of marriage issued by competent authority, is conclusive proof of marriage.
The second marriage performed during the subsistence of the first marriage is void under Section 17 of the Hindu Marriage Act.
The validity of a marriage and entitlement to restitution of conjugal rights under the Hindu Marriage Act, 1955 are contingent upon the existence of a valid marriage, as evidenced by the performance ....
The Hindu Marriage Act, 1955 does not apply to Scheduled Tribes absent a Central Government notification, rendering any solemnization under the Act void.
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