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Delhi High Court dismisses plea for conjugal rights for lack of proof

NEW DELHI: The Delhi High Court has dismissed an appeal of a woman for restoration of her conjugal rights under the Hindu Marriage Act, saying that the question of restoration her conjugal rights does not arise when she has failed to prove her marriage.

The woman had approached the High Court in an appeal against the judgment of the district judge in the matter who had dismissed her petition for restoration of conjugal rights.

The district judge had dismissed the petition of the appellant, Renu Saxena, on the ground of her failure to prove her marriage.

According to the appeal, Renu was married to Sunil Saxena way back in 1991 at Kalkaji Temple in South Delhi according to the Hindu customs.

However, immediately after the marriage, her husband shifted to Kanpur. When he came back here he contacted the appellant but refused to stay with her.

Being cheated by Saxena, she filed a petition before the district judge for restoration of her conjugal rights. The district judge dismissed her petition in 2003.

The High Court upheld the district judge's judgment on the count that the appellant failed to prove her marriage.

To prove her marriage, the appellant produced a marriage certificate which was not on the letterhead of the temple.

The person who had certified the marriage was not produced before the court for examination taking the excuse that he might have died.

Another person, who was produced before the court as an employee of the temple to prove the marriage, failed to convince how he was conversant with the signature of the certifying person. He also failed to produce any document in support of his claim of being an employee of the temple. The Court declared this witness unreliable.

Denying his marriage with the appellant, Saxena said that he had married another woman in 1994 and has two children from her.

Failure on the part of the appellant to explain a delay of seven-years in moving the court for restoration of her conjugal rights also went against her.

The Court also disbelieved her that the marriage was not consummated for seven-long-years and she kept on persuading Saxena to stay with her.

Justice Kailash Gambhir dismissed her appeal saying when the appellant failed to prove her marriage with Saxena how the district judge could have passed an order for restitution of her conjugal rights.

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