SMT RADHIKA Vs. KEDAR DUBEY

JUDGEMENT

(1.) This appeal under Section 19(1) of the Family Court's Act, 1984 has been preferred by the appellant challenging the judgment and decree passed by the Family Court, Bilaspur in Civil Suit No. 40-A/2010 by which a declaration has been made in favour of respondent and against the appellant to the effect that the appellant/defendant is not the legally married wife of respondent/plaintiff.

(2.) The facts of the case, briefly stated, are that respondent Kedar Dubey preferred a suit for declaration and permanent injunction on the pleadings inter alia that he is a Teacher in Government School and the defendant/appellant is a resident of village Bhaisda, Tahsil Janjgir. The plaintiff has four issues from his deceased wife Kaushalya and are aged between 12 to 21 years. To take care of children the plaintiff was in requirement of a lady belonging to his caste and on the recommendation of one Dwarika Singh the defendant was engaged in February 2001, however when the defendant was being brought to Bilha, her mother along with Chhotelal, Dwarika Singh, Fulsingh and Mahendrapal coerced the plaintiff to put signature on stamp paper by saying that it is necessary so that the defendant can leave plaintiff's house as and when she desires. Thereafter the defendant started residing in the plaintiff's house at Bilha.

(3.) It was further stated in the plaint that after about one month, the defendant started behaving and asserting as if she is the wife of plaintiff and started treating the children arrogantly and with cruelty. When the plaintiff advised her to not to behave in this manner, she threatened of false implication in Court cases and because of this the plaintiff started residing in a separate house by leaving the defendant in his own house because she was not willing to leave the house. In the meanwhile, the defendant got included her name in the voter list by narrating her name to the Election Officer as Radhika W/o Kedar Dubey and has also succeeded in obtaining a Family Ration Card. The Ration Card was issued in spite of objection by the plaintiff that the respondent is not his wife.