BASANTI SETHI Vs. PARAMANANDA SETHI

JUDGEMENT

(1.) This appeal has been filed under Section 19(1) of the Family Court Act, 1984 challenging the legality and propriety of the judgment and order dated 07.02.2014 passed by the learned Judge, Family Court, Puri in Civil Proceeding No.368 of 2010 allowing theproceeding instituted by the present respondent thereby declaring that the present appellant is not the legally married wife of the present respondent.

(2.) The factual background of the case is that both the appellant and respondent are governed by Mitakshara School of Hindu Law and both of them belong to Scheduled Caste category.

(3.) Appellant wife contested respondents suit/case by pleading that she was the legally married wife of husband, (respondent in this appeal) and she had married on 18.11.1992, and the marriage ceremony was performed as per the terms and conditions of the Hindu Marriage Act as "Dwarbaha" in presence of purohit, Barik, gentleman, guests and family members of both the parties. After their marriage, she resided with the respondent along with other family members and blessed with a son. Wife appellant in that suit/application had admitted that she is the younger sister of Sukanti Sethi and that husband was working as a Stenographer and used to stay most of the time at Bhubaneswar. Taking advantage of her absence at Bhubaneswar, the respondent married another girl without her consent and knowledge. She denied the allegation that due to previous grudge between the respondent and Purna Chandra Sethi (brother of the respondent) she was being used as conduit against the respondent and falsely filed maintenance case and G.R. case against the respondent claiming herself as his wife.