SANTOSH KUMARI Vs. HARISH KUMAR

JUDGEMENT

(1.) THIS appeal has been filed by the wife against the judgment and decree dated 4.1.1995 passed by the Additional District Judge, Sirsa, whereby the petition filed by the husband seeking the declaration about the marriage between the parties as a nullity was allowed and the marriage was declared null and void.

(2.) THE facts in brief are that Harish Kumar husband had filed a petition under Section 11 read with Section 5(i) of the Hindu Marriage Act, 1955 (hereinafter to be referred as the 'Act') against his wife Smt. Santosh Kumari as respondent No. 1, and one Subhash as respondent No. 2 seeking a decree for declaring the marriage between them as a nullity. In the said petition, it was alleged by the husband that the marriage was solemnised on 28.1.1993 and that after the marriage, they lived together as husband and wife and cohabited but no child was born out of this wedlock. It was alleged that on the date of solemnisation of the said marriage, Smt. Santosh Kumari (wife) had a living spouse, inasmuch as respondent No. 2 Subhash was still alive and the marriage between them had not been dissolved in any manner and this fact was admitted by her in the civil so it decided by the Civil Court on 12.3.1990. It was alleged that in this way Smt. Santosh Kumari (wife) had intentionally and mala fidely played fraud with him (Harish Kumar) as these facts were not disclosed to him that she was already married with Subhash and on the other hand, it was disclosed that she was unmarried. It was alleged that after about a week of the marriage, Smt. Santosh Kumari started pressing him (Harish Kumar) to leave his father and village Talwara Khurd and settle permanently at Hisar and to start some work at Hisar. When he showed his inability to do so as his mother was already dead and there was no one to look after his father, she felt annoyed and went to her parents house at Hisar, three time in a month and took away with her all the gold ornaments. It was alleged that when he went to bring her back from Hisar on 28.2.1993, she flatly refused to accompany him and to reside with him. It was alleged that he convened panchayats two or three times to bring her back but of no effect and in the panchayat which was finally convened on 30.10.1993, it was disclosed that she was already married with Subhash and a suit between therm in the Civil Court was pending at Hisar whereupon he went to the Court and found that the said marriage was solemnised on 22.11.1989 and the same was still intact and a Civil Court decree dated 12.3.1990 was passed in this regard. It was alleged that in this view of the matter, the marriage between the parties was liable to be declared as null and void by passing a decree of nullity. It was alleged that he came to know about the previous marriage only on 30.10.1993 and on 2.11.1993 and as such the petition was being filed without any delay.

(3.) HARISH Kumar petitioner filed replication. Various issues were framed. Both the sides led evidence. After hearing both sides and perusing the record, the learned Additional District Judge, allowed the petition filed by Harish Kumar (Husband) and passed a decree declaring his marriage with Smt. Santosh Kumari as null and void, vide judgement and decree dated 4.1.1995. It is against this judgment and decree of the Trial Court that Smt. Santosh Kumari filed the present appeal in this Court.