RAJINDER SINGH Vs. MANDEEP KAUR

JUDGEMENT

(1.) THIS is an appeal directed against the judgment and decree dated 23.07.2014 vide which the petition under Section 11 of the Hindu Marriage Act, 1955 (in short "the Act") for declaring the marriage of appellant -husband Shri Rajinder Singh with respondent -wife Smt. Mandeep Kaur, was dismissed with costs.

(2.) THE facts extracted from the record are as under: - Appellant Rajinder Singh and respondent Mandeep Kaur were married on 20.04.2005 at village Diwaniwal, Tehsil Batala, District Gurdaspur according to Sikh rites and rituals. After marriage, they cohabited as husband and wife at village Nangal Bagbana, Tehsil Batala and a son was born out of the wedlock who is since in custody of Mandeep Kaur.

(3.) THE petition was contested by respondent Mandeep Kaur. In her written statement the preliminary objection raised by her was with regard to maintainability of the petition in the present form. Replying on merits, she admitted that she is a legally wedded wife of Rajinder Singh and that a son namely, Tejinder Singh was born out of their wedlock. She denied that prior to her marriage with Rajinder Singh she was married to Baljit Singh son of Sewa Singh. According to her, Rajinder Singh, who is employed as Head Constable in the police had concocted a false story about her first marriage with a view to get rid of her and the minor child. She had filed a petition before learned Judicial Magistrate Ist Class, Batala, against Rajinder Singh for grant of maintenance allowance to her and her minor son, in which he had appeared through counsel but subsequently due to default in appearance he had been proceeded against exparte. The said petition was decided exparte on 20.11.2010 awarding monthly allowance to the tune of Rs. 1500/ - each to her and her son. On a petition for execution of the order filed by her Rajinder Singh had appeared and filed an objection petition denying his marriage with her with a malafide intention to avoid payment of maintenance allowance. An amount of Rs. 96,000/ - had become due as arrears of maintenance and as a counter blast to the same Rajinder Singh had filed the instant petition.