RAM AVTAAR MISHRA Vs. RACHNA

JUDGEMENT

(1.) THIS appeal, preferred under Section 19 of Family Courts Act, 1984, is directed against the order dated 16 -05 -2006, passed by Principal Judge, Family Court, Dehradun, in Reg. Misc. Case No. 131 of 2005, whereby said court has dismissed the application moved under Order 9, Rule 13 read with Section 151 of the Civil Procedure Code, 1908.

(2.) HEARD learned counsel for the parties and perused the papers on record.

(3.) BRIEF facts giving rise to this appeal are that Suit No. 576 of 1997 was filed by Rachna (present respondent) against Ram Avtaar Mishra (present appellant) by moving a petition under Section 11 of Hindu Marriage Act, 1955, for annulment of marriage between them. She (present respondent) alleged in the suit that the appellant projecting himself as widower got married to her on 04 -07 -1997 according to Hindu Rites. (The respondent / wife was also a divorcee). According to the respondent, who filed the aforesaid suit, after marriage, she came to know that the appellant is not widower and has a wife named Shanti Mishra from whom he had five children. She alleged that a fraud was played on her by the appellant by projecting that he was a widower. Summons were issued by the trial court (Civil Judge (Senior Division), Dehradun), which were sufficiently served on him. Many dates were sought for filing the written statement by the appellant in said suit but the written statement was not filed. Ultimately, the suit proceeded ex parte and the same was decreed in favour of the plaintiff / respondent on 12 -11 -1999 by the trial court, whereby marriage dated 04 -07 -1997 between the parties was declared null and void. This fact is also on the record that the appellant himself had moved a Suit No.522 of 1997 before Civil Judge (Senior Division), Muzaffarnagar, seeking that the marriage dated 04 -07 -1997 between appellant and respondent be declared null and void. (Learned counsel for the appellant stated that said suit was got dismissed for non -prosecution).