Kastoori Devi v/s Chiranji Lal, AIR 1960 ALL 446

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Synopsis of the Judgement:

The present decision given by the single judge bench of Allahabad High Court concerns itself with an important question under the law. Plaintiff is a wife of the respondent who had married to another woman. He at the primary stage entered into an agreement to pay maintenance to the wife but subsequently stopped doing so. He contended before the court that the agreement was obtained under coercion and that he was not the husband of the plaintiff. The trial court held that there was no valid marriage in the present case as the ceremonies were not completed and moreover the Hindu Law does not recognize inter-caste marriages. This decision of the trial court was erroneous according to the High Court. The trial court restricted itself to the commentaries of the law but the High Court held that there should be more importance given to the words of law giver then the commentators. The High Court allowed the revision appeal and decreed the suit in favor of the plaintiff.

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