IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.635 of 2010 DR. ARBIND KUMAR SINGH SON OF SRI BHAGWAN SINGH, R/O VILLAGE- MEHI NAGAR HATHIYAUNDHA , P.S.- BIHARIGANJ, DISTRICT- MADHEPURA Versus 1. AHILYA KUMARI WIFE OF DR. ARBIND KUMAR SINGH, D/O SRI GANESHI MEHTA SON OF LATE BHUMI MEHTA, R/O VILLAGE- RUPAULI, P.S.- BHAWANIPUR, DISTRICT- PURNEA 2. SRI GANESHI MEHTA SON OF LATE BHUMI MEHTA 3. SMT. SHANTI DEVI WIFE OF GANESHI MEHTA BOTH R/O VILLAGE- RUPAULI, P.S.- BHAWANIPUR, DISTRICT- PURNEA. ----------- 3 21/04/2011 This miscellaneous appeal has been filed against the order dated 6.7.2010 passed in Matrimonial (Divorce) Case No. 22 of 2007 whereby the Principle Judge, Family Court, Madhepura has dismissed the petition filed by the petitioner through which he claimed for restitution of conjugal right with Ahiliya Kumari and also by the same judgment he dismissed the suit with cost of Rs. 5,000/-. We have perused the judgment and heard the learned counsel for the appellant. It appears that the appellant has filed a petition seeking restitution of conjugal right against Ahiliya Kumari. The appellant has asserted that his marriage was performed with Ahiliya Kumari in the year 2005 but Adhiliya Kumari has stated that she was already married with Baleshwar Mehta. Baleshwar Mehta has also been examined and he has acknowledged the marriage with Ahiliya Kumari. 2 The appellant had produced some documents, such as caste certificate, domicile certificate and voter identity card before the court below to show that he is the husband of Ahiliya Kumari but no proof of his marriage with Ahiliya Kumari was filed. For getting order of restitution of conjugal rights, it was incumbent upon the appellant to produce clinching evidence regarding marriage with opposite party. In absence of authentic proof of marriage, no lady could be compelled to go with a person with whom she denies her relationship. In view of the fact that the marriage of the appellant was not proved with the opposite party, we are not inclined to interfere with the impugned order. This appeal is without merit. It is accordingly, dismissed. (Shyam Kishore Sharma, J.) (Gopal Prasad, J.) avin