KISHAN Vs. SAKHARABAI

JUDGEMENT

(1.) This is defendant's appeal. The respondents filed O.S. No. 155 of 1978 in the Court of the Munsiff, Basavakalyan, under Section 18 of the Hindu Adoptions and Maintenance Act, 1956 (hereinafter referred to as H. A. & M. Act) claiming maintenance from the defendant.

(2.) The basic facts in the plaint are:- RespondenM-plaintiff 1 is the married wife of the defendant-appellant and respondent-2 is the minor daughter of plaintiff-1 and the defendant.

(3.) The defendant contended that he had married one Sarjabai in 1964 and after her death, he married one Rajanabai in the year 1967. As she had not yet attained puberty, she was not brought home. Plaintiff-1 was acquainted with him. intimacy developed between them and the villagers insisted that he must marry plaintiff-1. He married her according to customary ceremonies and rites. Plaintiff-2 is his daughter by plaintiff-1. In view of the fact that his marriage with plaintiff-1 had taken place during the subsistence of the marriage between him and Ranjanabai during her life (Ranjanabai is still alive), his marriage with plaintiff-1 is void under Section 5(i) of the Hindu Marriage Act (hereinafter referred to as H.M. Act). Hence plaintiff-1 is not entitled to be maintained by him as of right and the suit filed by her is not maintainable.