Dismissed

Ashok Bhati v. Preeti Singh

Allahabad HC21 Nov 2019FAPL/316/2019

Case brief

AI extract

What is this about?

In this first appeal under Section 19 of the Family Courts Act, 1984, the High Court dismissed the appellant's challenge to the principal Family Court's judgment rejecting a suit for restitution of conjugal rights. The restriction resulted from the appellant's failure to produce attested copies of marriage certificates, leaving merit unsubstantiated.

What did the court decide?

Appellant's appeal dismissed; order of the Principal Judge, Family Court, Ghaziabad dated 14.2.2019 upheld.

Ashok Bhati Vs Preeti Singh — Matrimonial and Divorce | Allahabad HC (2019)

¶1

Court No. - 4 Case :- FIRST APPEAL No. - 316 of 2019 Appellant :- Ashok Bhati Respondent :- Preeti Singh Counsel for Appellant :- Krishna Dev Mishra

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Hon'ble Bala Krishna Narayana,J. Hon'ble Rohit Ranjan Agarwal,J.

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Present appeal has been filed under Section 19 of the Family Courts Act, 1984 assailing the judgment and order dated 14.2.2019 passed by Principal Judge, Family Court, Ghaziabad dismissing Case No.2049 of 2017 (Ashok Bhati Vs. Smt. Preeti Singh) under Section 9 of the Hindu Marriage Act, 1955.

¶4

Facts in brief as disclosed by appellant are that he was married to opposite party on 9.5.2016 at Arya Samaj Mandir according to Hindu rites and custom. Their marriage was registered before the Registrar, Marriages, Ghaziabad on 10.5.2016. After short duration of stay at Ghaziabad, opposite party went to her maternal house, from where, she did not return back. It was on 13.11.2017 that appellant filed Case No.2049 of 2017 before the Principal Judge, Family Court, Ghaziabad under Section 9 of the Hindu Marriage Act for restitution of conjugal rites. It appears that notices were issued to opposite party, but she did not turn up, and Court below proceeded to decide the application ex-parte.

¶5

On 14.2.2019, Court below dismissed the case filed by appellant under Section 9 of the Hindu Marriage Act, 1955 on the ground that he has filed notary copy of rent deed, as well as photostat copy of marriage certificate issued by Arya Samaj Mandir, Sector 9, Ghaziabad as well as photocopy of registered marriage certificate, but copies of both the certificates were not attested, thus appellant having failed to produce evidence regarding his marriage, the case under Section 9 was rejected.

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We have heard learned Counsel appellant and perused the material on record, we find that appellant has failed to prove that how the marriage, which according to him took place at Arya Samaj Mandir on 9.5.2016 was registered on the very next day i.e. 10.5.2016. Further only one ground has been canvased by the Counsel for appellant that Court below did not demand the original certificate, which was in the custody of appellant, we do not find any plausible reason to interfere in the order passed by the Court below.

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The appeal lacks merit and is dismissed .

¶8

Order Date :- 21.11.2019/S. Singh

Ashok Bhati v. Preeti Singh

Case brief

What is this about?

What did the court decide?

Ashok Bhati v. Preeti Singh

Case brief

What is this about?

What did the court decide?

What the court decided

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