SMT. MEENAL SAHU Vs. KRISHNA KUMAR SAHU

JUDGEMENT

(1.) This appeal has been preferred against the judgment dated 15-01- 2015 passed by First Additional Principal Judge, Family Court, Raipur (C.G.) in Civil Suit No.103-A/2010 by which a decree passed declaring the marriage between the appellant and the respondent null and void.

(2.) The respondent filed an application under Sec. 11 of the Hindu Marriage Act, 1955 (for short 'the Act of 1955') seeking relief of declaration of nullity of marriage between the respondent and the appellant. It was stated that the marriage of the parties was solemnized on 12-12-2009 in accordance with Hindu Customary Rites. The respondent came to know that the appellant was already married to a man namely, Ramayan Suryawanshi on a previous date 18-11-2009. Thus, fraudulently concealing the fact of previous marriage, the appellant entered into another wedlock with the respondent which is clearly prohibited under Sec. 5 (1) of the Act of 1955. Hence, this marriage is nullity under Sec. 11 of the Act of 1955. On these grounds, the relief of declaration was sought to declare the marriage dated 12-12-2009 between the respondent and the appellant as nullity.

(3.) The appellant in reply, has denied that any previous marriage was performed by her with Ramayan Suryawanshi on 18-11-2009. Further, denied the allegation of fraudulently concealing the fact of earlier marriage. It is specifically stated by her that it was Ramayan Suryawanshi who fraudulently performed the marriage with the appellant in Arya Samaj and soon after that she came to know that Ramayan Suryawanshi was already married and he had the living spouse. The marriage between Ramayan Suryawanshi and another has been declared a nullity by the Principal Judge, Family Court, Raipur in Civil Suit No.104-A/2011 by the judgment and decree dated 25-11-2011. Denying all other allegations in pleadings in the application, she has stated that out of wedlock with respondent, a male child has born on 11-10-2010. It was prayed that the application under Sec. 11 of the Act of 1955 be rejected.