PRITI Vs. SANJAY

JUDGEMENT

(1.) This appeal under Sec. 19 of the Family Courts Act, 1984 (for short hereinafter referred to as 'the Act') has been filed by the appellant/wife challenging the legality of the judgment and decree dtd. 28/11/2022 passed in H.M.A Case No.522/2017 by II Additional Principal Judge, Family Court, Indore whereby the marriage between the appellant/wife and respondent/husband has been declared null and void.

(2.) It is not in dispute that appellant was married to the respondent in February, 2008 as per their community traditions and customs and out of their wedlock, two sons were born Praful on 11/3/2009 and Lashyajeet on 6/11/2010. It is not in dispute that appellant and respondent are residing separately and both sons are residing with respondent/husband.

(3.) The facts as having emerged from the pleadings are that marriage between the parties has been solemnized according to their community traditions and customs. Respondent/husband filed suit/ petition under Hindu Marriage Act, 1955( for short hereinafter will be referred as'HMA')alleging that at the time of marriage (natra), the appellant has suppressed the factum of her earlier marriage with MBBS Dr. Rohit Hirway. In reply to the notice dtd. 3/3/2017 given by the respondent, the appellant/wife has stated that her first husband has passed away, where as Dr. Rohit Hirway is alive and is in service in Government Hospital, Khandwa. After marriage, the appellant resided harmoniously in the matrimonial household for a brief period, however, thereafter, she commenced quarreling with his mother and other members of the family, resulting in an atmosphere of disharmony within the household. In the month of September, 2014 she with all her belongings and jewelry left the matrimonial house to live in her maternal house and since then she is living separately. The respondent/husband made repeated endeavors to contact her but she misbehaved and hurled abuses on him with false allegations and expressly declined to cohabit with the respondent and expressed in unequivocal terms that she wants divorce from him. When the respondent failed in his efforts to bring back her, on 3/3/2017 he gave a notice to the appellant/wife. In reply, the appellant/wife mentioned about her first husband who was found alive. She had not obtained decree of divorce from any competent Court with her first husband before entering into 'natra' with him. In the society of appellant and respondent there is no tradition or custom of dissolution of marriage by mutual agreement (Chod-Chutti). On these allegations, respondent/husband urged that the marriage (Natra) between the appellant and him which is void and sought declaration to that effect by way of petition under Sec. 11 and 13 of the 'HMA'. The appellant/wife refuted all the allegations levelled against her in the petition filed by the respondent/husband. The learned Family Court on pleadings of the parties, framed relevant issues for adjudication of the controversy involved and after affording appropriate opportunity of hearing and leading evidence to both the parties, by impugned judgment and decree dtd. 28/11/2022 annulled marriage between them which is under challenge in this appeal.