BHAGWATI SAHU Vs. SHIV KUMAR SAHU

JUDGEMENT

(1.) Challenge in this appeal is levied to the judgment and decree dated 25-3-2013 passed by the 2nd Additional Principal Judge, Family Court, Durg in Civil Suit No. 31- A/2011 vide Annexure A-1 whereby and where under the trial Court declared that the marriage solemnised between the appellant and the respondent is void under section 11 of the Hindu Marriage Act, 1955 (in brevity 'Act of 1955').

(2.) This is admitted by the appellant that name, address and other particulars of both the parties shown in the title of the plaint are correct; her marriage was solemnised with the respondent on 3-4-2009 in accordance with customary rites and rituals at Risali, Bhilai; in the wedlock, a male child namely Jat in Sahu was born on 16-1-2010 who is living with her; earlier her marriage was solemnised with one Dileshwar Sahu on 23-4-2000; and she is working in Police Department.

(3.) The respondent has specifically pleaded in para 3 of his plaint that the erstwhile husband of the appellant Dileshwar Sahu is alive. This fact has not been denied specifically or by necessary implication, or stated to be not admitted in the pleading of appellant. Thus, as per provisions of Order 8, Rule 5(1) of the Civil Procedure Code, 1908 the above mentioned fact be taken to be admitted by the appellant.