HEMLATA BAI Vs. THAKUR VYASNARAYAN SINGH

JUDGEMENT

(1.) Heard on the question of admission. This appeal is by the plaintiff.

(2.) Facts giving rise to filing of the appeal briefly stated are that the plaintiff filed suit inter-alia on the ground that she is legally wedded wife of defendant No. 1. It was further submitted that the marriage between the plaintiff and the defendant No. 1 took place in the year 1965. Out of the said wedlock two sons were born. It was pleaded that in the year 1976, the defendant No. 1 assaulted the plaintiff and she was thrown out of house and was residing with her parents. It was also pleaded that in the proceeding under Section 125 of the Code of Criminal Procedure filed by the plaintiff, the defendant No. 1 admitted that the plaintiff is his legally wedded wife. However, without dissolution of marriage with the plaintiff, the defendant No. 1 has performed second marriage with the defendant No. 2. Accordingly, the plaintiff filed the suit seeking the decree for declaration to the effect that the plaintiff is legally wedded wife of the defendant No. 1.

(3.) The defendants No. 1 and 2 filed the written statement, in which inter-alia it was pleaded that the marriage of the defendant No. 1 and the plaintiff was not performed as per custom prevalent in the community and the plaintiff resided with the defendant No. 1 for a while, thereafter on 11.03.1976 vide Ex.D/1, the marriage between the plaintiff and the defendant No. 1 was dissolved, and the defendant No. 1 was married with the defendant No. 2 in the year 1977 and her name was also entered in service records of defendant No. 1