Moot Proposition

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Suzanna married one Rohit in a temple near Khandala on 14th March 1992 by

exchange of garlands. She started residing with her husband and her mother-in-
law. Her mother in-law was ill treating her for the reason that their marriage was
not an arranged marriage and the marriage performed was not a marriage at all.
According to Suzanne, she and her husband went to Tirumala, and had
undergone all marriage ceremonies on 3rd October 1992 in Tirumala Purohit
Sangam hall and thus the marriage was solemnized. The husband who is under
the thumb of his mother deserted her in March 1993 and she has been living
separately ever since. Suzanne filed an application for restitution as conjugal
rights under Hindu Marriage Act.

The contention of Rohit is that he came into contact with Suzanna as she was
introduced to him in a function by friend where accidentally a photograph of
them was taken. He did not marry by exchange of garlands as alleged by her on
14th march 1992 and infact, he married his maternal uncle’s daughter on 6 th June
1992. He further alleges that taking advantage of his state of drunkenness
Suzanna took him to Tirumala and he was not knowing as to what was going on
3rd October 1992. He says that Suzanne is a Christian and he produced an
affidavit (in which her husband’s name was also mentioned) signed by her and
attested by the notary to the effect that she is a Christian and the affidavit was
needed for securing employment. Rohit has also got hold of a birth certificate
where it was stated that Suzanna gave birth to a male child 3 years prior 14 th
march 1992 and the husband’s name is mentioned as George. Rohit therefore
contends that his marriage, if at all there in one, with Suzanna is not a valid
marriage and she is not entitled for restitution of Conjugal rights.

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