LEGAL CASE MINE

SWARAJ GARG  Vs. K.M. GARG DELHI HIGH COURT MARCH 7, 1978 . CASE UNDER SECTION 9 OF HINDU MARRIAGE ACT Question before the court : Where will be the matrimonial home located after the marriage when both the parties are gainfully employed and there does not exist any agreement either implied or written before the marriage.  Facts of the case : The wife Swaraj - petitioner lived in her village, Sunam, from 1956 and techer at the the school. She was the head mistress at government high school in 1969. She got married to the respondent in 1964. The husband was not having a satisfactory job and earn only 500 p/m in Delhi where he resides. She came to live with her husband for some time and then grt back to her village and continue living there. The Husband therefore filed the petition under section 9 of Hindu Marriage Act for restitution of conjugal rights.  Contention of the parties :  Petitioner  : The petitioner argued that respondent's condition is not satisfacto...

KAILASH WATI Vs. AJODHIA PARKASH PUNJAB AND HARYANA HIGH COURT  19 NOV 1976 CASE UNDER SECTION 9 OF HINDU MARRIAGE ACT. Question before the court Whether the hindu marriage act sanctify or recognise (what may be called as) week end marriage as of a right at the unilateral desire of the wife. Facts of the case The appellant smt. Kailash Wati was married to the respondent Ajodhia Parkash in June 1964. Both of them before marriage were posted as village level teachers. Wife at her parental village of Bilga and husband at kot Ise Khan. After marriage the wife was transferred to her husband's station and they lived together in the matrimonial home for 8-9 months. Contention of the parties Husband : The allegation of the husband is that the wife has got herself transferred back to her parental village and ever since has been residing there with her parents against his wish. Therefore he filled an application for the restitution of conjugal rights under section 9 of HINDU MARRIAGE ACT....