AJAY KUMAR (DIED)RITU Vs. SARASWATI DEVI

JUDGEMENT

(1.) This Appeal is directed against the judgment dated 22.6.2007 passed in Matrimonial Suit No.04-A/07 filed by Respondent No.1 - Saraswati Devi against Shri Ajay Kumar (since deceased) who was an employee of Bhilai Steel Plant.

(2.) Briefly stated, the facts of the case are that Respondent No.1/PlaintiffSaraswati Devi filed a suit for declaration that she is the legally wedded wife of Appellant/defendant-Ajay Kumar. She also prayed for a permanent injunction that in the service record, only her name should be shown as his wife and not the name of the other persons. This suit was contested by Appellant/Defendant-Ajay Kumar. He denied that he had ever got married to Saraswati Devi. His case was that he was married to one Kusum and out of this wedlock, two children were born namely Ku. Anchal and Ku. Ritu. Issues were framed and the main issue was whether there was a valid marriage between Ajay Kumar and Saraswati Devi.

(3.) The Trial Court held, on the basis of evidence, that the marriage between Saraswati Devi and Ajay Kumar was proved and accordingly decreed the suit and passed a declaratory decree declaring Saraswati Devi to be legally wedded wife of Ajay Kumar.