RAJESWAR REDDY Vs. LAKSHMI BAI

JUDGEMENT

(1.) This revision petition arises out of a suit filed by the respondent plaintiff for a declaration that the alleged marriage between the petitioners in this revision petition, who are defendants 1 and 2, is void.

(2.) In the plaint, it is stated that the plaintiff was married to the first defendant eight or nine years prior to suit, i.e., in 1953or 1954. The plaintiff had an attack of small pox two years prior to suit which probably disfigured her. On account of that, the first defendant married the 2nd defendant on 3oth March, 1962. The suit was filed on 6th April, 1962. It is alleged that the marriage of the first defendant is void under law. Though in the plaint it is not stated that the marriage of the first defendant with the 2nd defendant is void under any particular law, it appears from the order of the lower Court that the stand taken by the plaintiff was that the said marriage is void under section 11 read with section 5 of the Hindu Marriage Act; The defendants pleaded that they were married about sixteen or seventeen yeas: prior to suit and that the 2nd defendant herself was the first wife of the first defendant and that the plaintiff was the second wife. It was further pleaded that the; suit at the instance of the plaintiff for a declaration that the marriage of defendants 1 and 2 is void is not maintainable and that, in any view, the suit is to be filed only in the District Court and not in the District Munsif's Court, as all suits, where a question of the validity or otherwise of a Hindu Marriage arises have to be instituted in the District Court under the Hindu Marriage Act, 1955.

(3.) On the above pleadings, the following issues 3 to 6 were framed :