KALA SINGH Vs. JASPREET KAUR

JUDGEMENT

(1.) The present appeal lays challenge to the judgment and decree dated 22.07.2015 passed by the District Judge (Family Court), Barnala (hereinafter to be referred as 'the trial Court') whereby the petition under Sec. 11 of the Hindu Marriage Act, 1955 (in short, 'HMA') filed by the respondent - wife has been allowed and marriage of the parties has been declared to be null and void.

(2.) Jaspreet Kaur - respondent prayed for declaring marriage of the parties as void on the premise that the appellant obtained her consent for marriage by administering some intoxicant in a cold drink. The appellant was earlier married with Manpreet Kaur and had a living spouse at the time of performance of marriage with the respondent.

(3.) The appellant filed the written statement, denied the allegations that consent of the respondent for marriage was obtained by playing fraud or she was not in her full senses at the time of giving consent. It has been admitted that the appellant got married with Manpreet Kaur daughter of Parsha Singh, resident of Gehri Devi Nagar, Tehsil and District Bathinda but denied that no legal divorce took place between the appellant and his earlier wife namely Manpreet Kaur. It is averred that after getting divorce from the appellant, Manpreet Kaur has performed second marriage and is living with her husband.