T. RAMESH Vs. G. PREMA

JUDGEMENT

(1.) This Civil Revision Petition is filed against the fair and decretal order dated 29.11.2012 made in I.A.No.243 of 2011 in F.C.O.P.No.26 of 2009 on the file of the Family Court, Salem.

(2.) The petitioner filed F.C.O.P.No.26 of 2009 against the respondent for divorce. The respondent filed counter statement and is contesting the O.P. The petitioner filed I.A.No.243 of 2011 under Order 23, Rule 1(3) read with section 151 of C.P.C for permission to withdraw the O.P and file a fresh O.P on the same cause of action. The petitioner sought for said relief on the ground that earlier he was married to one Uma Maheswari on 08.06.2000, which was an arranged marriage and there was no divorce between the petitioner and said Uma Maheswari, dissolving the said marriage and earlier marriage is still subsisting. In view of subsisting first marriage with Uma Maheswari, the marriage between the petitioner and respondent is a void one. The petitioner was not properly advised at the time of filing O.P with regard to the relief to be sought for by him. Instead of seeking relief of declaration that marriage between the petitioner and respondent is void, the petitioner sought for decree of divorce.

(3.) The respondent filed counter affidavit and denied all the averments made in the affidavit filed by the petitioner. According to the respondent, the marriage between the petitioner and respondent is an arranged marriage and two children were born in the wedlock. The said Uma Maheswari is living at 2nd cross, Manickavasagar street, Ammapetai, Salem-3 along with her husband and four children.