SUSHMA CHOURE Vs. HETENDRA KUMAR BORKAR

JUDGEMENT

(1.) By this appeal under Section 19(1) of the Family Courts Act, 1984 the appellant has challenged the legality and propriety of the judgment and decree dated 27-2-2006 passed by Principal Judge, Family Court, Durg in Civil Suit No. 305-A/05 whereby and where under learned Principal Judge Family Court, Durg has declared the marriage between parties null and void under Section 11 of the Hindu Marriage Act, 1955 (in short "the Act of 1955').

(2.) The judgment and decree is impugned on the ground that without any evidence of first marriage of appellant with one Rakesh Kumar Meshram Court below has declared the marriage null and void and thereby commuted an illegality.

(3.) Facts necessary for disposal of this appeal as per pleading of the parties is, present respondent/plaintiff has pleaded in his plaint that present appellant was having illicit relation with one Rakesh Kumar Meshram resident of Abagarh Chouki and 2 abortion took place as a result of illicit relation present respondent married with Rakesh Kumar Meshram and was residing with him as a wife. She had earlier also filed one application under Section 9 of the Act of 1955 for restitution of conjugal light against Rakesh Kumar Meshram and during subsistence of her first marriage with Rakesh Kumar Meshram after showing herself unmarried solemnized marriage with the respondent. The subsequent marriage during subsistence of first marriage is void on the ground of subsequent marriage during subsistence of first marriage of present appellant. Respondent has filed the petition for declaration of marriage null and void under Section 11 of the Act of 1955.