SILAPARASETTI RAMU Vs. LALAM RAMANAMMA

JUDGEMENT

(1.) The petitioner in OP No. 247 of 2002 on the file of the Family Court, Hyderabad filed this appeal, feeling aggrieved by the order, dated 27.5.2004. The appellant married the respondent on 5.4.2001 at Balaji Bhawan (Temple), Himayathnagar, Hyderabad. According to him, he became acquainted with the respondent in the course of train journey and that acquaintance developed into a close relation and thereafter, to marriage. On 6.4.2001, the marriage was registered.

(2.) The appellant filed the O.P. under Section 12(i)(c) of the Hindu Marriage Act with a prayer to declare the marriage between himself and the respondent as null and void ab initio. He pleaded that by the time their marriage took place, there was a subsisting marriage between the respondent on the one hand, and one Sri Y. Ramana Murthy on the other. He stated that shortly after his marriage with the respondent, he came to know about her marriage with Ramana Murthy and has immediately filed the O.P. He further pleaded that though the respondent stated that her marriage with Ramana Murthy was dissolved according to the customs prevailing in their community, the same cannot be accepted in law. With these and other relevant pleadings, he wanted the decree for declaration to the effect that their marriage is null and void.

(3.) The respondent filed a detailed counter opposing the O.P. She narrated the circumstances that led to her marriage with the appellant. According to her, she has informed the appellant well in advance about her being a divorcee from Sri Ramana Murthy. She further stated that the marriage between her and Sri Ramana Murthy was dissolved in accordance with the customs prevailing in their community and that the plea of the appellant is not correct. She has stated that hardly within one week from their marriage, the appellant was about to marry another girl and on coming to know the same, she submitted a complaint in the police station and having been shocked with this development, the appellant filed the present O.P. Other grounds were also pleaded.