SUDARSHAN KAUR Vs. MANMOHAN SINGH DHATT

JUDGEMENT

(1.) THE Respondent filed a suit against the Petitioner in October, 1975, wherein he claimed that a marriage was performed between them in 1968 according to the Anand marriage rites, that the parties cohabited as husband and wife for about a fortnight, that' the husband got doubts about the morality of the wife on the very first day and that finally in January, 1972, the husband gave a release to the wife at Jullundur which she accepted willingly and on which release removed all her belongings to her father's place. He has claimed that the parties have ever since been living separately without treating each other as their respective spouses. The Plaintiff has claimed that the parties are Jats of Hoshiarpur district and are governed by custom under which a male Jat can release his wife from marital ties and thereby the relationship of husband and wife ceases. The claim made in the suit is for a declaration to the effect that the relationship of husband and wife between the parties has ceased to exist and the Defendant -Petitioner is not the wife of the Plaintiff -Respondent.

(2.) THE suit was contested by the Petitioner. She took various preliminary objections in her amended written statement dated January 3, 1976. Preliminary objections Nos. 4 and 6 are reproduced below:

(3.) SECTION 4 of the Hindu Marriage Act provides asunder: