HARMESH SINGH Vs. RENU KUMARI @ SEEMA RANA

JUDGEMENT

(1.) This is a revision filed by the respondent in a petition instituted against him by the respondent herein (Renu Kumari) under Section 11 of the Hindu Marriage Act, 1955 (hereinafter to be referred to as the Act), seeking a decree of nullity as regards the marriage between the parties, on the ground that the present petitioner, Harmesh Singh, was already a married man having a wife and two children and therefore the marriage between him and the respondent herein, Renu Kumari, was null and void, with no divorce having been obtained by the present petitioner from his 'first wife', Anita Kumari.

(2.) In the present petition, the petitioner herein is aggrieved of the order of the trial court (District Judge, Family court, SBS Nagar), dated 19.07.2016 by which the present petitioners' application under Order 7 Rule 11 of the CPC, seeking rejection of the petition (filed under Section 11 of the Act), has been dismissed by that court.

(3.) A perusal of the application filed by the present petitioner (copy annexed as Annexure P-7), shows that he sought rejection of the 'Section 11 petition' on the ground that no decree of divorce between the respondent herein (petitioner in the Section 11 petition), and her husband Ravinder Kumar, having been placed on record despite the present petitioners' application seeking that the needful be done, showed that actually there was no decree of divorce ever issued qua her marriage to the aforesaid Ravinder Kumar and therefore the question of any declaration of any subsequent marriage between her (Renu Kumari) and the present petitioner (Harmesh Singh) did not arise.