BHAGWAT SINGH Vs. KHUSHBOO KANWAR

JUDGEMENT

(1.) The present misc. appeal has been preferred by appellanthusband under Sec. 19 of the Family Courts Act, 1984 for assailing the order dtd. 31/5/2022 passed by the learned Family Court, Balotra in Civil Original (Family Dispute) Case No.67/2021 (CIS No.68/2021) Khushboo Kanwar @ Manju Kanwar vs. Bhagwat Singh @ Bhagwan Singh. The learned Family Court by the aforesaid order dtd. 31/5/2022 dismissed application filed by appellant-husband under Order 7 Rule 11 CPC with a prayer to reject the application submitted by respondent-wife under Sec. 11 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'Act of 1955') seeking declaration of the second marriage solemnized between the appellant and the respondent No.2 i.e. Smt. Devyani Solanki void on the ground of lack of jurisdiction.

(2.) The respondent No.1 filed an application under Sec. 11 of the Act of 1955 before Family Court, Balotra alleging inter alia that she is the legally wedded wife of the appellant-Bhagwat Singh. However, during her lifetime, appellant-husband has entered into a second marriage with respondent No.2. To substantiate the aforesaid allegation, a marriage registration certificate bearing No.08122001000000100444/2021 dtd. 14/6/2021, issued by competent authority at Bhilwara was annexed with the application. It was thus prayed that the second marriage of appellant may therefore be declared null and void and the same may be annuled.

(3.) For ready reference, the prayer made by respondent No.1 in the application filed under Sec. 11 of the Act of 1955 before Family Court, Balotra reads as under:-