MURUGAN Vs. GNANASUNDARI

JUDGEMENT

(1.) THIS appeal is preferred by the husband against the order of the Family Court, Pondicherry in M. O. P. No. 95 of 1998 dated 25. 1. 2000.

(2.) THE grievance of the appellant herein is restricted to declare the marriage of the appellant with the respondent herein as nullity on the ground that the respondent's first marriage still subsisted when she contracted the second marriage with the appellant.

(3.) IN the face of the first marriage subsisting, the case of the appellant herein is that the marriage with the appellant cannot be considered as legal marriage in the eye of law. IN these circumstances, in the face of Section 5 (1) of the Hindu Marriage Act, 1958, a petition was taken up by the appellant for a declaration of the marriage solemnise d between the appellant and respondent as null and void. He sought for the custody of the two children.