DILIP Vs. RAVI

JUDGEMENT

(1.) Disdained by the impugned judgment and decree dated 23rd January 2013 of the Family Court, Udaipur in Case No. 94/2012, the appellants-plaintiffs have preferred this appeal under Section 19 of the Family Courts Act 1984 (for short, 'Act of 1984'). By the impugned judgment and decree, the learned Family Court has dismissed the suit filed by the appellants for declaration under Section 7(1) Explanation (b) of the Act of 1984 read with Section 9 CPC and Section 34 of the Specific Relief Act 1963 (for short, 'Act of 1963') for annulment of the marriage solemnized on 10.06.2009 between first and second respondent.

(2.) Succinctly stated, the facts of the case are that the first respondent, who is son of the appellants, entered into matrimony with the second respondent on 10th ofJune 2009 at his own volition without concurrence of the appellants. In the plaint, it was inter-alia averred by the appellants that the marriage was not solemnized as per Hindu rites and rituals and no Saptapadi was performed.

(3.) In that background, while disowning the marriage, the appellants have stated in the plaint that the alleged marriage has no legal sanctity and the same cannot be recognized as a valid marriage. With a view to substantiate cause of action, the appellants have pleaded that rumors about the alleged marriage between respondent No.1 & 2 has denigrated their social reputation and status in the society, and therefore, they are well within their rights to seek determination about legal character of the alleged marriage under Section 34 of the Act of 1963 as well as Section 7(1) Explanation (b) of the Act of 1984.