SHAKUBAI @ GEETABAI Vs. KANCHANBAI AND ORS.

JUDGEMENT

(1.) The unsuccessful defendant No. 1 has filed this appeal under Section .96 of the Code of Civil Procedure (though wrongly mentioned as appeal under Section 28 of Hindu Marriage Act in the memorandum of appeal but clarified as noted in the proceedings dated 25.7.1985) against the judgment and decree dated 23.9.1983 rendered by Additional Judge Neemuch to the Court of District Judge, Mandsaur in C.O.S. No. 22-A / 80.

(2.) The facts lie in a narrow compass. The respondent No. 1 (Kanchanbai) claimed to be legally wedded wife of respondent No. 3 (Mohanlal). The respondent No. 3 took the appellant as his wife on the basis of Natra ceremony. Aggrieved, respondent No. 1 filed the aforesaid civil suit seeking declaration that such Natra was invalid, and did not give the appellant the status of wife of respondent No. 3. After contest, the Trial Court passed the decree and declared that Natra between the appellant and respondent No. 3 was illegal and void. The relief of permanent injunction was, however, refused. Against this judgment and decree, the appellant (defendant No. 1 in the suit) has filed this appeal.

(3.) I have heard Mr. C.R. Joshi, learned Counsel for the appellant and Mr. B.L. Pavecha, learned Senior Counsel with Mr. A. Salim, for respondents Nos. 1, 3 and 4. None appeared for respondent No. 2.