JAANKI YADAV Vs. GORAKHNATH YADAV

JUDGEMENT

(1.) Challenge in this appeal is to the judgment and decree dtd. 5/4/2016 passed by the learned Family Court, Manendragarh, District Korea (CG) in Civil Suit No.17-A/2011, whereby the declaratory suit filed by the appellants/plaintiffs by stating that the appellant No.1-Smt. Janki Yadav be declared as legally wedded first wife and the appellant No.2-Ku. Priya be declared as legitimate child of Respondent-Defendant-Gorakhnath Yadav, was dismissed.

(2.) The declaratory suit was filed by the appellants/plaintiffs i.e. Smt. Janki Yadav and Ku. Priya against the Respondent-Gorakhnath Yadav. It was stated that while the defendant was posted in the Police Station to the post of Nagar Sanik, he used to visit the house of plaintiff-Janki and expressed his desire to marry. During such period, the Respondent- Gorakhnath Yadav had developed physical relations with the plaintiff- Janki Yadav and thereafter, she became pregnant. Consequently, as she became pregnant, in the presence of few of the villagers, marriage was performed between the plaintiff and the defendant on 11/4/2005 at Shiv Mandir, Prema Bagh, Baikunthpur, according to Hindu rituals. It was further pleaded that after the marriage, when plaintiff No.1 went to the village of the respondent-defendant at Tenduwa, she saw four children there and having enquired, it was disclosed that four children belonged to first wife of the respondent and it was told that first wife died five years back. Thereafter, having believed such statement, the plaintiff No.1-wife continued to stay there with the respondent-defendant.

(3.) It was pleaded that when the plaintiff No.1-wife was to deliver baby, she was admitted in the hospital at Baikunthpur. At that time, the respondent stated that he had filled up the application form for job at police, for which, he would be required to go to Ambikapur and thereafter, he got discharged the plaintiff No.1-wife from the hospital at Baikunthpur and left her to parental home at Akhradand, wherein she was admitted to the hospital at Khadgawan and on 7/8/2005, the plaintiff No.2 was born. Subsequent to such birth of the child, rituals were performed after 12 days and the child joined the company of the respondent-defendant at Village-Tenduwa. Ceremony of "Anna Prasan" was also performed and subsequent thereof, the plaintiff No.1 was left again at her parental home at Akhradand with the promise that the respondent-defendant will come back and would take her to his matrimonial home, but, it never happened. She has stated that the circumstances resulted into starvation and as such, application for maintenance was filed before the Court of Judicial Magistrate First Class, Manendragarh. The Judicial Magistrate First Class, on 15/11/2010 dismissed the application, against which, criminal revision was preferred before the High Court and the High Court has also dismissed the revision petition reserving liberty to file a declaratory suit, as such, the suit was filed claiming declaratory relief.