SAKET NISHAD Vs. POOJA NISHAD

JUDGEMENT

(1.) Heard.

(2.) The instant appeal has been filed against the judgment and decree dtd. 04/03/2016 passed in Civil Suit No.620/2015 passed by the Principal Judge, Family Court, Durg, District Durg (C.G.) whereby an application filed by the appellant/applicant under Sec. 11 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act, 1955') seeking declaration of nullity of a marriage dtd. 11/06/2014 in between the appellant and the respondent, was dismissed.

(3.) Brief facts of the case are that the appellant/husband filed an application under Sec. 11 read with Sec. 5 (i) of the Act, 1955 on the ground that he performed a marriage with the respondent on 11/06/2014 at village Arasnara, Post Office Nandkatti, Police Station Nandini Mines, Tehsil and District Durg (C.G.). It was pleaded that in the presence of the villagers on 11/06/2014 marriage was performed with the respondent which was scribed into an agreement of Rs.50.00, wherein the villagers put their signature. It was further stated that before the date of marriage with the present respondent on 11/06/2014 the appellant was already married with one Uma Nishad and out of their wedlock a child was also born. It was also pleaded that the existence of the earlier marriage was informed to the non-applicant, her parents and the witnesses. The appellant further stated that on 20/10/2015 respondent left her. It was stated that since the appellant was married at an earlier point of time on 24/2/2012 and the earlier wife since was living as such the marriage dtd. 11/06/2014 is required to be declared as nullity under Sec. 11 read with Sec. 5 (i) of the Act, 1955.