MANOJ Vs. RITU

JUDGEMENT

(1.) Plaintiff-Manoj has invoked the jurisdiction of this court under Article 227 of the Constitution of India to challenge order dated 14.05.2012 Annexure P-3 passed by the trial Court and judgment dated 09.10.2012 Annexure P-4 passed by the District Judge (appellate Court) thereby dismissing application of plaintiff for temporary injunction.

(2.) The plaintiff has filed suit seeking declaration that the alleged marriage between plaintiff and defendant-respondent Ritu is illegal, null and void and is not binding on the plaintiff and that defendant is not wife of the plaintiff because no marriage between the parties was ever solemnized or consumated and that defendant should not consider herself to be wife of the plaintiff because the alleged marriage is based on fraud and misrepresentation and consequently all proceedings under the Protection of Women from Domestic Violence Act, 2005, (in short, Domestic Violence Act), criminal complaint for various offences, judgment in petition under Section 125 of the Code of Criminal Procedure (in short, Cr.P.C.) and judgment and decree dated 25.01.2012 in petition instituted by the petitioner under Sections 11 and 12 of the Hindu Marriage Act, 1955 (in short, the 'Act') passed by District Judge are illegal and null and void etc. Consequential relief of permanent injunction restraining the defendant from claiming maintenance allowance under Section 125 of the Cr.P.C. and from prosecuting the case under Domestic Violence Act and the criminal complaint was also claimed. Defendant is also sought to be injuncted from claiming any relief on the basis of alleged marriage. Somewhat similar temporary injunction during pendency of the suit was claimed by the plaintiff by moving application for temporary injunction.

(3.) It is undisputed that defendant was wife of plaintiff's cousin Dinesh who has since died. The defendant claims to have performed kareva marriage with the plaintiff. The said marriage is under challenge in the suit.