MUMTAJ AHMED Vs. ALISA

JUDGEMENT

(1.) The present first appeal, under Sec. 19 of the Family Courts Act, is directed against the judgment and decree dtd. 28/2/2023, passed by the learned Judge, Family Court I, Rudrapur, District Udham Singh Nagar, in Family Case (Civil Case) No. 604 of 2018, preferred by the appellant against his respondent wife. By the impugned judgment, the learned Judge, Family Court, has dismissed the suit filed by the appellant.

(2.) The appellant had admittedly solemnized a Muslim marriage with the respondent No. 1 Smt. Alisa on 15/10/2015. From their wedlock they have been blessed with a daughter. The appellant filed the said suit to seek a declaration that the marriage between the plaintiff and the defendant No. 1 was void on the ground that respondent No. 1 was already married to respondent No. 2 Sri Sanjay Arya on 13/9/2015. The case of the appellant was that, at the time of his marriage with respondent No. 1, he was not informed of the fact that respondent No. 2 had taken away respondent No. 1 with him to Chandigarh, where they had performed Hindu marriage, and even consummated the marriage. The appellant placed reliance on the record relating to POCSO case No. 245 of 2015, in support of his case, that the respondents had performed a Hindu marriage. The statement of respondent No. 1 recorded under Sec. 164 Cr.P.C., and the statement of her mother, were relied upon by the appellant.

(3.) The learned Judge, Family Court, has, however, not accepted the said plea by observing that production of mere statements was hear say evidence, and there was no actual evidence of marriage being performed between the two respondents, produced by the appellant.