RAJMUNI AND ORS. Vs. RAMCHANDRA

JUDGEMENT

(1.) This second appeal by the defendants / appellants was admitted for hearing on the following substantial question of law: -

(2.) The dispute relates to matrimonial status of the plaintiff with defendant No.1 - his wife Rajmuni and defendant No.2 Kum. Sushila whom the plaintiff claimed that she is not his daughter. Plaintiff Ramchandra filed suit for bare declaration that parties are Scheduled Caste and as such they are governed by the prevalent custom and it was further pleaded that marriage of the plaintiff was solemnized with defendant No.1 in 1980 and immediately thereafter, in 1981 they took divorce according to the prevalent custom i.e. chod chutti and defendant No.1 started living in her parental home where she married Buluram in Dhuku form and out of their wedlock, defendant No.2 was born on 12-6-1984. It was also pleaded that maintenance granted by the Judicial Magistrate First Class, Ambikapur on 24-9-1987 to the defendants is null and void and it be declared void and inoperative.

(3.) The defendants filed their written statement and denied the plaint allegations and they have claimed to be wife and daughter of the plaintiff and refuted the allegation of marriage of defendant No.1 with Buluram. The trial Court dismissed the suit finding no merit in the suit, whereas the first appellate Court partly granted the appeal holding that though defendant No.1 is wife of the plaintiff, but defendant No.2 is not the daughter born out of the plaintiff's wedlock with defendant No.1. Now, the defendants have questioned legality, validity and correctness of the judgment and decree of the first appellate Court by filing second appeal in which substantial question of law has been framed which has been set-out in the opening paragraph of this judgment.