SANTOSH KUMAR SINGH Vs. RANJANA KUMARI SINGH

JUDGEMENT

(1.) LEARNED counsel for the petitioner produced xerox copy of the petition (pleadings) and xerox copy of the written statement. True copy has been attested by the learned counsel. Learned counsel for the opposite party does not dispute to authenticity of those documents.

(2.) HEARD .

(3.) THE dispute between the parties is relating to existence and continuance of marital relationship which is subject matter of adjudication in Civil Proceeding No. 188 of 2000 pending in the court of Judge, Family Court, Rourkela. Opposite party has sought for a decree of declaration that she is the legally married wife of the petitioner. She has also prayed for an order of injunction prohibiting the petitioner to marry one Rita Singh who has been described as opposite party No. 2 in that proceeding. Opposite party instituted the above Civil Proceeding and advanced a case of her marriage with the petitioner on 21.3.1999 and subsequent desertion by the later. She has alleged that petitioner is negotiating for marriage with above noted Rita Singh. Accordingly she prayed for the above noted reliers. In February, 2001, as stated by learned counsel for the petitioner, a written statement was filed by the petitioner denying to the relationship of husband and wife between him and the opposite party. Petitioner also stated in his written statement regarding his status as a married man prior to 21.3.1999. On the basis of such pleadings the proceeding was taken up for trial and in course of hearing, the father of one Soba Singh has been examined as a witness on behalf of the petitioner. It appears that in course of tendering evidence, petitioner asserted about his marriage with Soba Singh and perhaps in support of that plea he examined the father of Soba Singh in August, 2002 and thereafter filed an application to amend the written statement to insert the plea that on 24.2.1999, petitioner married the said Soba Singh and on 4.2.2001, the 'Gauna' ceremony was performed and thereafter said Soba singh is leading marital life with him.