Digvijay Singh vs State Of Chhattisgarh

Heard.

The instant petition is against the order dated 09.03.2018, wherein an objection made by the petitioner as preliminary objection was directed to be

adjudicated after recording the evidence as it involves mixed question of fact and law.

Learned counsel for the petitioner submits that the application for restitution of conjugal rights was filed by the respondent/plaintiff under Section 9

of the Hindu Marriage Act against the petitioner. He further submits that the petitioner was never married to the respondent herein and as such

application under Section 9 of the Hindu Marriage Act is not tenable at all. He further submits that the trial Court without evaluating the facts has

ordered to file written statement.

After perusal of the order it is observed that the petitioner herein may file her written statement before the Court on the next date of hearing raising

entire grounds raised in the preliminary objection. Since it has been stated that the respondent was never married, therefore, in order to proceed under

Section 9 of the Hindu Marriage Act, the Court shall first adjudicate the issue as to whether the petitioner was married to the respondent or not as

preliminary issue. The Court may for such purpose record the evidence to answer the petitioner herein whether was married to respondent/plaintiff or

not ? Thereafter, it is in affirmative or negative based on such finding further course of maintainability of the petition under Section 9 of the Hind

Marriage Act would be decided.

With such observation, the petition stands disposed of.