SONA RAKSHAL Vs. VINOD KUMAR NAYAK

JUDGEMENT

(1.) THIS appeal has been filed under Section 19 (1) of the Family Courts Act, 1984 against the judgment and decree dated 11th August, 2011 passed by the First Additional Principal Judge, Family Court, Raipur, in Civil Suit No. 179-A/2007, whereby the application filed by the respondent/plaintiff under Section 11 of the Hindu Marriage Act, 1955 for declaring the marriage performed between the appellant and the respondent on 19.06.2003 as null and void, has been allowed.

(2.) FACTS not in dispute are that marriage between the parties was solemnized on 19.06.2003 at Arya Samaj, Sector -6, Bhilai Nagar, Distt. Durg.

(3.) THE appellant/defendant in her written statement denying the adverse allegations made by the respondent/plaintiff, had averred that there has been customary divorce between the respondent/plaintiff and Smt. Kiranmai Nayak, there is no conjugal relationship between them and they are living separately for the last 15 years and just to maintain their image in the society, they pretend themselves to be still husband and wife. The respondent/plaintiff had himself informed her (appellant) that there has been customary divorce between the respondent and Smt. Kiranmai Nayak. The appellant/defendant has denied that she had ever given threat of committing suicide to the respondent/plaintiff and in fact, the respondent/plaintiff has performed second marriage with the appellant of his own sweet will at Arya Samaj Mandir, Bhilai Nagar, on account of there being customary divorce between the respondent/plaintiff and his first wife Smt. Kiranmai Nayak.