BRAHMSWAROOP SHARMA Vs. KIRAN SHARMA

JUDGEMENT

(1.) Instant First Appeal under Sec. 19 of the Family Courts Act, 1984 has been preferred by Ashwini Kumar, legal representative (son) of original plaintiff late Brahmswaroop Sharma assailing the judgment and decree dtd. 2/9/2024 passed by Additional Judge to the Court of Principal Judge, Family Court, Gwalior in RCSHM No. 429-A/2021 [hereinafter it would be referred to as "the Trial Court"] whereby suit filed by original plaintiff seeking a declaration that respondent is not his legally wedded wife and for permanent injunction has been dismissed.

(2.) A few facts for adjudication of present appeal, as narrated therein, are that original plaintiff, a 75-year-old retired Company Commander, lost his wife Pusha Devi. He has one son and two married daughters. Feeling lonely, he published an advertisement in Dainik Bhaskar newspaper seeking a bride for his son. After this advertisement, respondent contacted him and began visiting his house. Plaintiff alleges that respondent took undue advantage of his loneliness and started blackmailing him. She allegedly concealed her previous marriages and managed to obtain a fabricated marriage certificate dtd. 26/3/2012 from Arya Samaj Mandir, Loha Mandi, Gwalior, showing her marriage with plaintiff.

(3.) Plaintiff asserts that respondent was already married to Ashok Sharma, as revealed during her arrest on 19/2/2013 in connection with Crime No.57 of 2013 under Immoral Traffic (Prevention) Act. During her arrest, she disclosed name of Ashok Sharma, as her husband. Charge-sheet filed under Sec. 370(2) IPC and Ss. 4 to 8 of Immoral Traffic (Prevention) Act also mentions "Ashok Sharma" as her husband.