YASHODA Vs. M.CHAITRA

JUDGEMENT

(1.) This appeal under Sec. 19(1) of the Family Courts Act, 1984, has been filed against the Judgment and Decree dtd. 16/3/2013, passed in O.S.No.166/2007 by the II Additional Principal Judge, Family Court, Bangalore, by which the suit filed by the appellant for a declaration that marriage of the appellant with the deceased K. Mohan Kumar, solemnized on 7/5/2000 at Dharmasthala is valid marriage and to declare the marriage between K. Mohan Kumar and the respondent No. 1 as null and void, has been dismissed.

(2.) Brief facts giving rise to filing of this appeal are that marriage of the appellant was solemnized on 7/5/2000 with K. Mohan Kumar at Dharmasthala. It is averred that respondent No. 1 claims that she married K.Mohan Kumar on 23/8/2001 at Sri Rajarajeshwari Kalayana Mantapa, Rajajinagar, Bangalore. The said K. Mohan Kumar died on 25/3/2002 by committing suicide. It is further averred that respondent No. 1 had filed suit for partition and separate possession before the City Civil Court Bangalore, claiming herself as the legal heir of late K. Mohan Kumar. When the appellant filed impleading application in the said suit, the same was rejected as the marriage between the parties was in dispute. As a result the appellant filed a separate suit seeking declaration in O.S. No. 166/2007 to declare the marriage of the appellant with K. Mohan Kumar solemnized on 7/5/2000 at Dharmasthala, as valid and to declare that the marriage between K. Mohan Kumar and the respondent No. 1 as null and void, which has been dismissed.

(3.) The respondent No. 1 entered appearance before the Family Court and filed written statement. The respondents 2 and 3 remained absent hence they were placed exparte. The contesting respondent No. 1 has averred that her marriage was solemnized with K. Mohan Kumar on 23/8/2001 at Sri Rajrajeshwari Kalayan Mantap, Rajajinagar, Bangalore, and out of said wedlock daughter namely Swathi was born. It is further averred that appellant is stranger to K. Mohan Kumar and pleaded that K. Mohan Kumar committed suicide and she had been prosecuted for the alleged offence. Respondent No.1 further pleaded that she and her daughter are entitled to the share in the properties of late K. Mohan Kumar and denied the other averments of plaint.