NIKHILESH SAHA Vs. PAPIYA SAHA

JUDGEMENT

(1.) Heard learned counsel for the appellant Mrs. Gouri Debi. Respondent has not entered appearance despite valid service of notice.

(2.) The appellant is the husband. He is aggrieved by the dismissal of the Original Suit No. 28 of 2016 vide judgement and decree dated 16.05.2017 passed by learned Principal Judge, Family Court, West Singhbhum at Chaibasa whereunder the suit instituted under Section 12 of the Hindu Marriage Act, 1955 for declaring his marriage with the respondent as null and void, has been dismissed.

(3.) As per the plaint, the marriage between the parties was solemnized on 06.02.2014 as per Hindu rites and rituals at Banwasi Vidya Sabha, Gurukul Vaidik Aashram, Vedvyas, Rourkela. Parties got their marriage registered on 14.02.2014 before the Registrar of Marriage and Executive Officer, Rourkela Municipality, Rourkela vide Sl. No. 17/14 (Exhibit- X). Parties started living in Goilkera as Husband and wife. Soon thereafter, respondent left the matrimonial home and went to Rourkela without informing him. She came in the month of June, 2014, but she did not stay and in the evening, she returned to Rourkela without any reason and intimation to the petitioner or any other family member. She used to come to Goilkera, but always returned in evening leaving the house of the petitioner for Rourkela. Lastly, she came in the month of January, 2016 and thereafter, she left the house and never came back again. On suspicion, petitioner made enquiries in April, 2016 which revealed that at the time of marriage, the respondent was having a subsisting marriage with one Birendra Sharma, son of Brijlal Sharma, resident of Village and Post Office- Verka, District- Amritsar, Punjab and presently residing at quarter no. B/158, Sector 15, Rourkela- 3, P.S. Sector 15, District Sundargarh, Odisha. She had two daughters namely Madhushree Sharma and Madhumita Sharma from her husband Birendra Sharma aged 12 and 10 years. Her elder daughter was given in adoption to her sister Mahua Bose daughter of Santanu Bose by a deed of adoption executed by the respondent and her erstwhile husband Birendra Sharma with Mahua Bose on 05th April, 2013 (Exhibit X/1). On further enquiry he came to know that the respondent had given birth to a female child on 20.04.2014 after two months of marriage with the petitioner. Therefore, petitioner contended that she had sworn a false affidavit that she was unmarried at the time of her marriage though she was a divorcee. The marriage with the petitioner has been performed by fraud and misrepresentation and therefore, it is liable to be declared null and void. Besides that, the respondent was pregnant through some other person and gave birth to a female child after two months of the marriage. On this ground also, the marriage was to be declared null and void. He came to know of this fraud in April, 2016 and thereafter had no marital intercourse with the respondent. On these pleadings, the petitioner/appellant herein prayed for dissolution of the marriage with the respondent and other ancillary reliefs relating to cost etc.