SHYAMRUP GOSWAMI Vs. MAYA BHATTACHARJEE

JUDGEMENT

(1.) This Second Appeal is directed against the judgment and decree dated 28 th July, 1991 and 27 th July, 1991 respectively passed by learned Assistant District Judge, Burdwan in Title Appeal No.150 of 1990 reversing the judgment and decree dated 20 th May, 1990 and 9 th June, 1990 respectively passed by learned Munsif, 3 rd Court, Burdwan, in Title Suit No.104 of 1985.

(2.) The appellant/plaintiff's case, in short, is that on account of marriage of his elder brother with sister of defendant there was a relationship between the two families. The defendant used to mix up with different village boys and became pregnant. On 26 th Shraban, 1386 B.S. when plaintiff came to defendant's house he was forced to put vermilion on defendant's head to show alleged marriage between them. Essential ceremonies of Hindu marriage were not performed. Defendant gave birth to male child on 5 th Kartick in 1386 B.S. Accordingly, the plaintiff filed the said suit praying for declaration that no marriage took place between him and the defendant on 26 th Shraban, 1386 B.S. or on any date and the defendant was not his legally married wife and that son of defendant was not the son of the plaintiff.

(3.) The defendant contested said suit by filing written statement denying the material allegations of the plaint and contending inter alia that on account of having a marriage relationship between the two families the plaintiff and the defendant came in close touch having a love affair and that on 26 th Shravan, 1385 B.S. there was social marriage in between plaintiff and defendant in defendant's father's place observing all formalities. After marriage they lived as husband and wife together. As defendant's father could not pay dowry amount of Rs.5,000/- defendant was not accepted in her matrimonial home. Her child was born on 5 th Kartick, 1386 B.S.