NEELAM KUMAR Vs. KAMAL KUMAR

JUDGEMENT

(1.) Heard the learned counsel for the appellant and the learned counsel for the sole respondent.

(2.) The appellant is aggrieved by the Judgment and Decree dated 09.03.2010 passed by the learned Principal Judge, Family Court, Ranchi, in Matrimonial Title Suit No. 133 of 2004, whereby, the petition filed by the husband under Sec. 5 (i) read with Sec. 11 of the Hindu Marriage Act, 1955, for declaring the marriage between the parties as void, has been decreed by the Court below and the marriage between the parties has been declared to be null and void.

(3.) The facts of this case lie in a short compass. The appellant wife was married to the sole respondent according to the Hindu customs and rites on 09.11.1998 at Kolkata. The marriage was also registered under the Provisions of Rule 5 of the West Bengal Hindu Marriage Registration Rules, 1958. Thereafter they settled at Ranchi, where they spent normal conjugal life till the year 2000, and out the wedlock, a female child was also born to them. Subsequently, the husband learnt that the appellant wife had already married one Muslim gentleman prior to her marriage with the respondent husband, in which also, there was some matrimonial dispute, for which Suit No. 484 of 1998 was filed by the first husband in the Family Court at Allahabad, the document of which was found by the present husband, upon which, he learnt that the appellant had already married the Muslim gentleman, after embracing Islam. Accordingly, the respondent husband filed the present matrimonial suit, being Matrimonial Title Suit No. 133 of 2004, before the Principal Judge, Family Court, Ranchi, for declaration of marriage as null and void.