Memorandum for the appellant

TC 09

Before

THE HIGH COURT OF JUDICATURE

AT PATNA

MISCELLANEOUS APPEAL No 894 / 2011

Mr. RANVIR KUMAR CHOUDHARY APPELLANT

Versus

Smt. SUSHMIT SUMAN RESPONDENT

Drawn and filed by the counsel on the behalf of the appellant

Name : Aditya Singh

Class : B.A. LLB. Sem. 4

Roll No. : A – 06

Submitted To : Ms. Anisa Shaikh

Memorandum for the appellant

TABLE OF CONTENTS

TABLE OF CONTENTS ................................................................................................................................. 2

INDEX OF ABBREVIATIONS ...................................................................................................................... 3
INDEX OF AUTHORITIES ........................................................................................................................... 3
STATEMENT OF JURISDICTION .............................................................................................................. 4
STATEMENT OF FACTS .............................................................................................................................. 5
I. Background Of The Case .................................................................................................................... 5
QUESTIONS PRESENTED .......................................................................................................................... 8
Issue No. 1 – whether Certificate of marriage is valid in the eyes of law or not? ..................... 8
Issue No. 2 – whether the alleged marriage is valid in the eyes of law or not? ......................... 8
Issue No. 3 – whether the Appellant is entitled for restitution of conjugal rights or not?..... 8
Arguments Advanced.................................................................................................................................... 9
Issue No. 1 – whether Certificate of marriage is valid in the eyes of law or not? ..................... 9
Issue No. 2 – whether the alleged marriage is valid in the eyes of law or not? ......................... 9
Issue No. 3 – whether the Appellant is entitled for restitution of conjugal rights or not? ... 10
PRAYER........................................................................................................................................................... 12

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Memorandum for the appellant

INDEX OF ABBREVIATIONS

 AIR All India Reporter

 SCC Supreme Court Cases

 Sec…………………………………………………..Section

 No……………………………………………………Number

 Hon’ble………………………………………………Honourable

INDEX OF AUTHORITIES

Books Referred :

 Bare Act Marriage & Divorce Laws

 Family Law by Paras Diwan 2017 Edition

Statutes :

 Hindu Marriage Act, 1955

 Special Marriage Act, 1954
 Indian Evidence Act, 1872
 Family Court Act, 1984

Cases Referred :

 Sumitra Devi v. Bhikan Choudhary : AIR 1985 SC 765

 Krishnamurthy v/s Syamanthakamani MSA Appeal No. 566 of 1974

Online databases referred :

 www.manupatra.com
 www.scconline.com
 www.jstor.org

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Memorandum for the appellant

STATEMENT OF JURISDICTION

THE HONOURABLE HIGH COURT OF JUDICATURE AT PATNA HAS THE JURISDICTION IN THIS

MATTER UNDER S ECTION 28 OF THE HINDU MARRIAGE ACT, 1955 WHICH READS AS
FOLLOWS :-

Section 28 :-

Appeals from decrees and orders.-

(1) All decrees made by Court in any proceeding under this Act shall, subject to
the provisions of sub-section (3), be appealable as decrees of the Court made in
the exercise of its original civil jurisdiction and every such appeal shall lie to the
Court to which appeals ordinarily lie from the decisions of the Court given in the
exercise of its original civil jurisdiction.

(2) Orders made by the Court in any proceedings under this Act, under Section 25
or Section 26 shall, subject to the provisions of sub-section (3), be appealable if
they are not interim orders and every such appeal shall lie to the Court to which
appeals ordinarily lie from the decisions of the Court given in exercise of its
original civil jurisdiction.

(3) There shall be no appeal under this section on subject of costs only.

(4) Every appeal under this section shall be preferred within a period of thirty days
from the date of the decree or order.

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Memorandum for the appellant

STATEMENT OF FACTS

I. BACKGROUND OF THE CASE

1. Mr.Ranvir, the appellant, and Smt. Sushmit, the respondent, are both
Hindus though belonging to different castes, met and fell in love and
irrespective of being of different castes they decided to marry which resulted
in the marriage ceremony which was solemnized with customary rites and
ceremony on 27/11/2005 at the parents’ house of the respondent at
Mohalla-87, Gangasagar allalpati, P.S. Laheriasarai.

2. After the marriage was solemnized the parties started to live together as
husband and wife, and the marriage was consummated by cohabitation.
Thereafter they decided to get the marriage registered and applied for
registration before the Marriage Officer, Darbhanga.

3. After the process was adopted, the parties were directed to appear, they did
appear along with three witnesses on 8/02/2006, and both the applicant
and the respondent accepted the said marriage before the Marriage Officer
in the presence of the witnesses and upon being satisfied the Marriage
Officer issued Certificate of Marriage dated 8/02/2006.

4. The parties continued to lead conjugal life till July 2008 and in the 1st week
of August, 2008 the respondent went to her parents’ house, However, when
the appellant went to his Sasural on 29/08/2008 to meet his wife, the
father-in-law and some other relatives present there became very angry by
stating that the caste men including the relations were opposing the inter-
caste marriage.

5. Under the threat to life, the appellant was directed to write on a stamp
paper as per their dictation, which my client did and thereafter the appellant

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Memorandum for the appellant

was driven out from his sasural without allowing him to meet his wife. The
respondent assured the applicant that she is still ready to live with him and
forbade him from taking any action against her.

6. However, all efforts of the applicant to bring the respondent back to the
matrimonial home failed, upon which the application under Section 9 of the
Hindu Marriage Act, 1955 was filed.

7. The respondent appeared upon notice and filed the written statement by
way of objection taking the plea that the case has been filed with vexatious,
malicious and dishonest intentions for maligning and defaming the prestige
of the respondent and high reputation of her in-laws and the parents and for
extorting money from them as the respondent had or has no concern with
the applicant. It was further asserted that the respondent is the daughter of
a reputed Doctor and her mother is also Principal and Director of Jesus and
Mary School, Darbhanga and further that the respondent is married with
Dr.Rajnish, son of Mrs. Veena Singh and Ramashankar Singh, the Joint
Commissioner, Commercial Taxes on 24th November, 2008 and is leading
happy conjugal life with her husband. It was also asserted that the
statement regarding her marriage made in the application was totally false
and at the relevant time she was living with her parents and a regular
student of final year MBBS and never married or even knew the applicant. It
was also asserted that from a reading of paragraphs 1, 3 and 4 of the
Matrimonial case it is apparent that no ceremonies like Saptapadi and
Kanyadan were performed in the alleged marriage dated 27.11.2005 and
thus such marriage cannot be said to have been solemnized in accordance
with the provisions of Section 7 of the Hindu marriage Act, 1955. It was
further asserted that the applicant sent forged affidavit along with a C.D.
and photographs at the address of her Mausi which she came to know on
6.8.2008 and thereafter her father appeared in court, swore affidavit on
14.8.2008 and filed the same before the Marriage Officer, Darbhanga. It was
asserted that a fraudulent marriage certificate had been obtained in the
name of the respondent by forging her signature by impersonating the

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Memorandum for the appellant

respondent before the Marriage Officer on 8.2.2006 as well as on the

affidavit dated 5.1.2006 and the C.D. and the photographs of the alleged
marriage were brought into existence by mechanization by computer by
placing the face of the respondent using software of computer aided design.
It was however admitted that the applicant was carrying out the business of
computer and also supplied computers in Jesus and Mary School run by the
mother of the respondent and alleged that it was possible that he might
have taken advantage of access to the said school where often the
respondent also went to meet her mother. It was also asserted that an
application was filed for scrapping the marriage certificate in question.
8. In support of his case the applicant examined four witnesses, namely, AW 1
Amarnath Jha, AW 2 Rishi Kumar Chaudhary, AW 3 Sanjeev Kumar Jha
and AW 4 Ranvir Kumar Chaudhary, the applicant himself. The applicant
also filed several documents including the marriage certificate (Ext.1), Policy
document in the name of the applicant Ranvir Kumar Chaudhary of Bajaj
Allianze and LIC Ltd. (Ext.2). The applicant also filed in court a large
number of photographs of the respondent including several joint
photographs which were simply marked for identification only but not
admitted as evidence. The same were held by the court as not duly proved
and not worth reliance.

9. The respondent did not examine any other witness except herself nor
produce any documentary evidence.

10. The Matrimonial case under Section 9 of the Hindu Marriage Act for
restitution of conjugal right filed by the appellant was dismissed accordingly
by the Principal Judge, Family Court, Darbhanga.

11. Thus, the appeal is directed against the judgment and order dated
5.9.2011 passed by the Principal Judge, Family Court, Darbhanga in
Matrimonial Case No. 154 of 2008 by which he has dismissed the
Matrimonial case under Section 9 of the Hindu Marriage Act for restitution

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Memorandum for the appellant

of conjugal right filed by the appellant on contest. The present case is

pending before the hon’ble High Court of Bihar at Patna.

II. DISPUTE

On 29th August 2008 the appellant went to meet the defendant his wife, the
father-in-law and some other relatives present there became furious by stating
that the caste men including the relations were opposing the inter-caste marriage
and under threat to life he was directed to write on a stamp paper as per their
dictation, which he did and thereafter the appellant was driven out from his
sasural without being allowed to meet his wife. The appellant did not take any
legal action on account of such conduct due to the assurance given by the
respondent that she was still ready to live with him and forbade him from taking
any action. Constant attempts were made by the appellant to bring the respondent
back to matrimonial home but all of them failed and as a result this appal/
petition was filed.

QUESTIONS PRESENTED

ISSUE NO. 1 – WHETHER CERTIFICATE OF MARRIAGE IS VALID IN THE EYES OF LAW OR NOT?

ISSUE NO. 2 – WHETHER THE ALLEGED MARRIAGE IS VALID IN THE EYES OF LAW OR NOT?

ISSUE NO. 3 – WHETHER THE APPELLANT IS ENTITLED FOR RESTITUTION OF CONJUGAL

RIGHTS OR NOT?

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Memorandum for the appellant

ARGUMENTS ADVANCED

ISSUE NO. 1 – WHETHER CERTIFICATE OF MARRIAGE IS VALID IN THE EYES OF

LAW OR NOT?

The counsel on behalf of the Appellant before the Hon’ble Court humbly submits it
as per the facts of the case that the respondent along with the appellant married
at the parents’ house of the respondent on 27th November 2005 and started to
live together as husband and wife. Thereafter they decided to get their marriage
registered and applied for registration of marriage before the Marriage Officer,
Darbhanga. After the process, the parties were directed to appear along with three
witnesses before the Marriage Officer, Darbhanga on 8th February 2006, and they
did appear before the Marriage Officer and also accepted the said marriage in
presence of the witnesses on the same date. Upon being satisfied the Marriage
Officer as per Provisions provided in CAPTER III of Special Marriage Act issued
certificate of marriage dated 8/02/2006. Also as per the facts of the case, the
respondent has failed to produce any evidence as to prove that her signatures on
the marriage certificate are forged.

ISSUE NO. 2 – WHETHER THE ALLEGED MARRIAGE IS VALID IN THE EYES OF

LAW OR NOT?

The counsel on behalf of the Appellant before the Hon’ble Court humbly submits
that the alleged marriage is valid as it is registered as per the provisions of
Chapter III under Special Marriage Act, 1954 as shown in the marriage certificate
provided as evidence in the present appeal. There is no doubt that in order that
there may be a valid marriage according to Hindu law, certain religious rites and
ceremonies have to be performed. To prove that a ceremony has been performed
counsel has also filed several pictures of the marriage ceremony in which the
appellant and the respondent can be seen together at the parents’ house of the
respondent. Also in the decision given by Supreme Court in the case of Sumitra

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Memorandum for the appellant

Devi v. Bhikan Choudhary : AIR 1985 SC 765 The court said clearly in the
decision that

“ there can be a marriage acceptable in law according to customs which do not insist
on performance of such rites as referred to above and marriages of this type give
rise to legal relationship which law accepts “

ISSUE NO. 3 – WHETHER THE APPELLANT IS ENTITLED FOR RESTITUTION OF

CONJUGAL RIGHTS OR NOT?

The counsel on behalf of the Appellant before the Hon’ble Court humbly submits it
as per the facts of the case that in the 1st week of August, 2008 the respondent
went to her parents’ house, and when the appellant went to his Sasural on 29th
August 2008 to meet his wife, the father-in-law and some other relatives present
there became very angry by stating that the caste men including the relations were
opposing the inter-caste marriage. Under the threat to life, the appellant was
directed to write on a stamp paper as per their dictation, which my client did and
thereafter the appellant was driven out from his sasural without allowing him to
meet his wife. The respondent assured the applicant that she is still ready to live
with him and forbade him from taking any action against her. The appellant had
put all efforts to bring the respondent back to the matrimonial home but all were
failed.

In the case of Krishnamurthy v/s Syamanthakamani MSA Appeal No. 566 of

1974 the court gave a perfect explanation as to the concept of the “ reasonable
excuse “ wherein the court has observed that the wife, during her stay with her
husband, was 'severely ill treated' and even thereafter the husband had written
letters to her threatening to do away with her and to commit suicide himself, with
the result an apprehension was created in her mind that it would be harmful and
injurious to her health and safety if she were to return to the marital home. The
learned Civil Judge after an examination of the evidence adduced at trial came to
the conclusion that the wife had indeed been subjected to 'mental cruelty' during
and after her stay with the husband.

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Memorandum for the appellant

Therefore, relying on the said case the respondent has miserably failed to provide
a reasonable excuse as to why she has left the society of the appellant.

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Memorandum for the appellant

PRAYER

In the light of the facts stated, issues raised, arguments advanced and authorities
cited the counsel for the Appellant humbly prays before the Hon’ble High Court of
Judicature, Patna to adjudge and declare :-

1. To declare the marriage certificate valid in the eyes of law.

2. To declare the alleged marriage valid in the eyes of law.
3. To pass a decree of Restitution of Conjugal Rights.

The Court may pass any order as it may deem fit in the interest of Justice, Equity
and Good Conscience.

Respectfully Submitted Appellant - Mr Ranvir Kumar Choudhary

Place : Patna

Date : 17/02/2018

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