AJAY RASTOGI,J. - (1.) Instant civil misc. appeal is directed against the order passed by ld. Family Court, Ajmer on an application filed by the applicant/appellant for restitution of conjugal rights under section 9 of the Hindu Marriage Act, 1955, which came to be rejected vide order dated 08.08.2008.
(2.) The applicant/appellant in his application filed for restitution of conjugal rights under section 9 of the Hindu Marriage Act has stated that his marriage with the respondent lady was solemnized on 08.12.2006 as per the customs of Arya Samaj and she left her matrimonial home on 20.01.2007 and since she failed to carry out the matrimonial obligations, this application came to be filed at his instance on 12.03.2007 for restitution of conjugal rights.
(3.) Written statement was filed by the respondent Leena Lashkar. She had denied/refuted their marriage as alleged to be solemnized on 08.12.2006. At the same time, it was further stated that she had solemnized her marriage with one Shri Vishnu Kumar, who is resident of Indore on 23.01.2007 as per Hindu rites and customs, and she is leading her married life happily. The said application which was filed at the instance of the appellant for restitution of conjugal rights is based on false and fabricated documents.;