SURAJ MANI & ANR Vs. ZALAM SINGH

JUDGEMENT

(1.) This regular second appeal is directed against the judgment and decree of the learned District Judge, Kinnaur at Rampur Bushahr, H.P. dated 19.2.2005, passed in Civil Appeal No.67 of 2004.

(2.) Key facts, necessary for the adjudication of this regular second appeal are that plaintiff and proforma defendant No. 2, namely Manohar Dass have jointly married with defendant No. 1 Smt. Suraj Mani (hereinafter referred to as the principal defendant), as per tribal customs of district Kinnaur. The plaintiff separated himself from the joint marriage and principal defendant ceased to be his wife. The principal defendant started living with proforma defendant No. 2 Sh. Manohar Dass. The principal defendant has no right whatsoever to claim and declare herself as the wife of the plaintiff. She was not entitled to claim pensionary and other benefits available to the plaintiff from the Indian Army.

(3.) The suit was contested by the defendants. According to them, the joint marriage of the principal defendant with the plaintiff and defendant No. 2 still subsisted.