TULSAN DEVI Vs. KRISHNI DEVI

JUDGEMENT

(1.) The sole point for determination in this appeal filed by the respondent is whether Krishni Devi, the petitioner, was lawfully married to Mangat who died on December 30, 1956. The question has arisen in peculiar circumstances in a petition filed by Krishni Devi under section 11 of the Hindu Marriage Act for getting her marriage with her deceased husband declared null and void so as to obtain a decree of nullity. In this manner she wanted to avail of the benefit of section 16 of the Hindu Marriage Act, for getting her son Karam Singh declared a legitimate son of Mangat so as to succeed to his property.

(2.) At one stage the lower Court had held the petition to he not maintainable, but this finding was set aside by this Court. Subsequently that finding was upheld in a Letters Patent Appeal on November 9, 1972. Thereafter the case was tried on merits.

(3.) Smt. Tulsan Devi, the appellant, who is being referred to as the respondent, was a legally wedded wife of Mangat. The petitioner's case is that Mangat having his spouse living could not enter into a second marriage with herself. There were three children of the marriage of the petitioner with Mangat. Two of them were daughters who had died and the other was a son named Karam Singh who was still alive. It was primarily for the determination of the factum of the marriage so as to determine the status of Karam Singh that a decree of nullity was sought by the petitioner by impleading the other widow of Mangat as a respondent.