Existence of a valid marriage is precondition to ask for relief of restitution of conjugal rights.

Restitution of conjugal rights- Dismissal of suit- Legality- Plaintiff-appellant earlier filed a suit in which he moved an application stating that 'Saptpadi' was not conducted as per Hindu rites and rituals-He did not press the suit-In aforesaid suit, defendant respondent girl has filed a written statement-Suit dismissed as being not pressed-Thus, plaintiff omitted to sue in respect of conjugal rights-Therefore, not entitled to file fresh suit on same set of facts for restitution of conjugal rights-No illegality in impugned judgment holding present suit barred by Order II, Rule 2 (2) C.P.C.- Suit rightly dismissed-Appeal dismissed.

Marriage-Marriage certificate issued by Arya Samaj as proof of valid marirage-Held, has no statutory force.

Hindu Marriage Act, 1955-Section 9-Restitution of conjugal rights-Suit for-Dismissal-Legality-Since no proof of valid marriage-Therefore, Court below committed no error in dismissing suit-Appeal dismissed.