SHEWETA SHASHANK JOSHI Vs. SHASHANK SURESH JOSHI

JUDGEMENT

(1.) The challenge raised in this appeal is to the judgment of the Family Court, Akola, in A Petition No. 27/2017 dtd. 26/4/2018.

(2.) The appellant and the respondent were married on 29/4/2015. After their marriage they resided together for some period after which the relations between them got strained. On 7/2/2017 the respondent-husband filed petition under Sec. 11 read with Sec. 5 of the Hindu Marriage Act, 1955 seeking a declaration that his marriage with the appellant-wife was null and void in view of the fact when they were married on 29/4/2015, the wife had a spouse living due to her earlier marriage dtd. 24/6/2007. Besides this ground, it was also pleaded that the wife was treating the husband with cruelty.

(3.) In the written statement filed by the wife it was vaguely denied that she had married earlier and that her spouse from her earlier marriage was living. The parties led evidence before the Family Court and after considering the same, the learned Judge of the Family Court recorded a finding that the husband had proved that when he had married the appellant on 29.04.2015 her husband from the earlier marriage was living. On that count the marriage was declared to be null and void. Being aggrieved the wife has challenged the said judgment.