Mumbai Court September 1885 Judgments

Dadaji Bhikaji Vs. Rukhmabai

Court: Mumbai

Reported in: (1885)ILR9Bom529

Pinhey, J.1. Mr. Advocate-General, unless you are particularly anxious to make some remarks for the assistance of the Court, I think I need not trouble you as I am prepared to dispose, of the case at once. I have been considering the case since it was last before the Court on Saturday, and I have been looking into the authorities, and I have arrived at the opinion that the plaintiff cannot maintain this action.2. It is a misnomer to call this a suit for the restitution of conjugal rights. When a married couple, after cohabitation separate and live apart, either of them can bring a suit against the other for the restitution of conjugal rights according to the practice in England, and according to the later practice of the Courts in India. But the present suit is not of that character. The parties to the present suit went through the religious ceremony of marriage eleven years ago when the defendant was a child of eleven years of age. They have never cohabited. And now that the defendant...