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1961 Supreme(Online)(All) 4

ALLAHABAD HIGH COURT
, J
Rajmati – Appellant
Versus
Sudarsan Singh – Respondent


Table of Content
1. appeal for restitution based on alleged marriage. (Para 1)
2. munsif had no jurisdiction under hindu marriage act. (Para 2 , 3)
3. jurisdiction issues cannot be waived in significant cases. (Para 4 , 5)
4. judicial assessment of evidence was flawed. (Para 6)
5. wide injunctions can affect rights negatively. (Para 7)
6. appeal dismissed; suit for conjugal rights invalid. (Para 8)

1. This is a wife's second appeal against a decree for restitution of conjugal rights obtained by the alleged husband. The plaintiff respondent Sudarsan Singh filed a suit against the appellant Raj Mali 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 ther












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