RAJATHI Vs. K. SELLIAH

JUDGEMENT

(1.) THIS appeal arises out of an order passed dismissing the petition filed by the appellant for restitution of conjugal rights, under Section 9 of the Hindu Marriage Act against the respondent.

(2.) THE respondent resisted the petition filed by the appellant for restitution of conjugal rights on the ground that there was no legal or valid marriage between them. Therefore the only question that arose in the Courts below was whether there was a valid marriage between the spouses in question. Evidence was adduced to describe the nature of the ceremonies by the persons who attended the marriage and. conducted the ceremony. E.V. Ramasami Naicker, who is popularly known as "Periyar", deposed that before the actual marriage was celebrated, it was advertised in his paper,' Viduthalai' that the marriage would be taking place on 2nd November, 1958 at Tiruchirappalli. The actual ceremony was conducted by him and in his presence. The parties were seated on a platform before a Kuthuvilakku or lighted lamp. They made a declaration that they were taking each other as husband and wife. This declaration is known as Then they exchanged garlands and went round the platform where the Kuthuvilakku was placed. They were declared as husband and wife by E.V. Ramaswami Naicker.

(3.) BEFORE me, learned Counsel for the appellant has contended that the Courts -below ignored the most important fact namely that according to the custom of the community to which the appellant belonged, the parties to the marriage used to exchange garlands and make a declaration in the prescribed form on the occasion.