RANJIT DAS Vs. RANI DAS

JUDGEMENT

(1.) By this common judgement and order, we propose to dispose of both the appeals, which have been preferred by the appellant against the judgement and decree, dated 06.06.2008, passed, in FC (Civil) 117/1998, by the learned Principal Judge, Family Court, Kamrup, whereby the learned trial Court, while granting relief to the plaintiff (i.e., the respondent herein under Sub-Section (2) of Section 18, read with Sub-Section (3) of Section 18 of the Hindu Adoption and Maintenance Act, 1956, has disallowed the counter-claim, made by the appellant, praying for declaration of his marriage with the plaintiff (i.e., respondent herein) a nullity under Section 12(1)(c) of the Hindu Marriage Act, 1955. We have heard Mr. S. Ali, learned counsel for the appellant in both the appeals. We have also heard Mr. S. Dasgupta, learned counsel for the plaintiff-respondent in the two appeals.

(2.) Before we enter into the merit of the present two appeals, it needs to be noted that the plaintiff-respondent herein instituted a suit, namely, FC (Civil) 117/98, seeking, in terms of the provisions of Sub-Section (2) and (3) of Section 18 of the Hindu Adoption and Maintenance Act, 1956, maintenance @ Rs. 3,500/- per month and a separate residence, the case of the plaintiff-respondent herein being, in brief, thus:

(3.) The defendant No. 1 (i.e., the appellant herein) contested the suit by filed filing his written statement wherein, while admitting that the plaintiff-respondent herein was his legally married wife, their marriage having been solemnized, on 09.11.84, as per Hindu rites and customs and that after their marriage, the plaintiff lived with him at her matrimonial house, he denied that the plaintiff was entitled to the relief of maintenance and residential accommodation, as had been sought for by her, the case of the defendant No. 1 being, briefly stated, thus: