Proof of Marriage is must while claiming Restitution


Court :
Supreme Court of India

Brief :
Merely coming to court for restitution of conjugal rights is not sufficient rather a definite proof of marriage is must.

Citation :
Pallavi Bhardwah vs Pratap Chauhan [SUPREME COURT OF INDIA, 04 Jul 2011]

Respondent filed suit for restitution of conjugal rights against appellant - Appellant denied the existence of marriage between the parties - Family Court dismissed respondent's suit since there was no evidence of marriage - Respondent filed appeal before the HC - HC referred the matter for reconciliation - Whether the impugned order of HC was proper - Held, HC noted that the appellant girl had categorically denied the existence of marriage and the existence of joint account in a bank - HC had not recorded anywhere about the validity of the marriage - Even then the HC strangely enough explored the possibility of a settlement between the parties - HC without coming to any finding about the validity of marriage and after recording that the validity of marriage was always denied by the appellant gave certain directions which were wholly inconsistent with the facts of the case - Since no marriage had been established, directions given by the HC were wholly inappropriate - Hence, impugned HC order was set aside and Family Court order was restored - Appeal allowed.

 

Raj Kumar Makkad
on 13 September 2011
Published in Family Law
Views : 3173


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