TEJENDRA KR NATH Vs. MINA RANI NATH

JUDGEMENT

(1.) Learned senior counsel, Mr. A.K. Bhowmik for the appellants and learned counsel, Mr. P. Roy Barman for the respondents are present.

(2.) This is an appeal challenging judgment and decree dated 26.09.2007 passed by learned Addl. Sessions Judge, Dharmanagar, in Title Appeal No.6 of 2007.

(3.) Brief fact is that the appellants as plaintiffs instituted Title Suit No.6 of 2006 seeking declaration and injunction etc., against the defendants. The plaintiffs, inter alia, claimed that their marriage was solemnised on 12.03.1981 and that the said marital relation subsists. The further case of the plaintiffs is that the defendant No.1, claiming to be the married wife of plaintiff No.1 and the defendant No.2 claiming to be the daughter of the plaintiff No.1 through defendant No.1, instituted a criminal Misc. case in the Court of SDJM, Dharmanagar seeking maintenance under Section 125 of Cr.P.C and that was registered as Misc. Case No. 16 of 1998. The maintenance case was dismissed by the Magisterial Court but the Superior Court allowed maintenance. The plaintiffs challenged the status of the defendant Nos.1 and 2 in the Title Suit and prayed for the following relief:-