K J P DAVID Vs. NILAMANI DEVI

JUDGEMENT

(1.) This is an unsuccessful plaintiff's appeal against the concurrent judgment of both the Courts below. The plaintiff filed a suit for declaration that the defendant was not his legally married wife and that the maintenance order passed in M. S. No. 42 of 1951 is invalid. His case in the plaint was this -- that the mother of the defendant, Krishna Veni was brought to Berhampur by one Labanya Mohanty and was kept by his nephew Shyamsundar as his concubine. Krishna Veni according to the plaintiff, though did not embrace Christianity, married Shyamsundar who was a Christian and the defendant was a daughter out of this wedlock. The plaintiff used to visit the house of the defendant and her mother and developed intimacy with the former. Later as pressed by the defendant and her elder sister and mother the plaintiff was compelled to write out a document in order to clothe the defendant with a legal status as per Ext. A declaring therein the defendant to be his legally married wife. Plaintiff left Berhampur for Sambalpur to join his duty. When he came back to Berhampur some months after and visited the defendant's house, he saw the defendant sitting by the side of a Punjabi gentleman in a compromising attitude. Thereafter the plaintiff cut off all connection with the defendant and refused to give any money to her. Consequently the defendant filed a petition which was registered as M. C. No. 42 of 1951 in the Court of the Sub-divisional Magistrate, Berhampur, under Section 488 of the Cr. P. C. the petition was filed by the defendant in February, 1951 claiming maintenance on the ground that she was legally married wife of the plaintiff. The Sub-divisional Magistrate directed the plaintiff to pay maintenance to the defendant at the rate of Rs. 35 p.m. which was subsequently confirmed by this Court.

(2.) The sole contention of the plaintiff was that the plaintiff had not married the defendant according to the provisions of the Indian Christian Marriage Act (Act No. XV of 1872). Hence the marriage is invalid and illegal.

(3.) The defence was that the mother of the defendant was a legally married wife of Shyamsundar Mohanty and the defendant was the daughter of Shyamsundar out of this wedlock. The defendant married the plaintiff on October 13, 1948 in accordance with the Christian rites in the house of the defendant's mother in the town of Berhampur. After the marriage the plaintiff gave a declaration in writing on a stamped paper acknowledging the defendant to be his legally married wife (vide Ex. A). Thereafter they went for their honey-moon and lived as husband and wife at several places such as Puri, Jatni etc. The defendant had two children by the plaintiff who are unfortunately now dead. The plaintiff according to the defence fell into evil company at Khurda and began to ill-treat her necessitating the filing of a case for maintenance in the Court of the Sub- Divisional Magistrate who directed the plaintiff to pay maintenance at the rate of Rs. 35 p.m. This order was later confirmed by this Court.