KEDAR NATH GUPTA Vs. SM SUPRAVA

JUDGEMENT

(1.) This appeal arises out of a petition filed before the District Judge of Purnea by the respondent under Section 17 of the Hindu Marriage Act, 1955. The respondent in this Court is the first wife of the appellant. He married for the second time another girl named Radha Rani Gupta. According to the respondent, the second marriage of the appellant took place on the 26th May, 1957, that is, long after the commencement of the said Act. The respondent, therefore, prayed in her petition that the appellant be adjudged guilty under Section 17 of the Act. She added in her petition that she preserved the right to seek remedy against the appellant under Section 11 of the Act. The petition was transferred by the District Judge to the Court of the first Additional District Judge, Purnea; and during the arguments before the learned Additional District Judge it was verbally prayed on behalf of the respondent that a decree in terms of Section 11 be passed, that is, the marriage between the appellant and Radharani Gupta be declared null and void. The appellant opposed the petition on the ground that his marriage with Radha Rani Gupta took place on the 26th April, 1955, that is, about three weeks before the 18th May, 1955, when the said Act came into force.

(2.) The learned Additional District Judge accepted the case of the respondent and held that she was entitled to a declaration that the second marriage was null and void. Hence, this appeal.

(3.) Besides challenging the finding of fact, the learned Advocate for the appellant raised two legal questions, namely, (1) the petition could not be maintained at the instance of the first wife, and (2) the learned Additional District Judge was not competent to hear and decide the matter.