SITHARA Vs. HARIKRISHNAN NAIR

JUDGEMENT

(1.) Appeal is admitted. Service complete. Respondent appears through counsel. Heard.

(2.) Appellant sought an order declaring that the marriage solemnized between her and the respondent on 8.5.2008 is null and void since he then had a spouse living. If her allegations are established, she is entitled to the relief in view of S. 5(i) of the Hindu Marriage Act 1955. The Family Court dismissed her application. Hence this appeal.

(3.) Respondent remained ex parte in the Family Court. Appellant deposed as PW 1. She stated that she came to know that the respondent had been married before. She produced Ext. A2, the photocopy of the certificate of marriage solemnized on 19.10.2002 between the respondent and Suji Raj. The Family Court held that the particulars of the prior marriage of the respondent are not specifically pleaded and Ext. A2, being only a photostat copy, cannot be acted upon.