SUSHIL KUMAR YADAV Vs. SMT. INDU DEVI

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The appellant is aggrieved by the the Judgment dated 27.09.2012, passed in MAT Case No. 36 of 2006/S.L. No. 79 of 2009, by Principal Judge (Family Court), Sahibganj whereby the suit preferred by the plaintiff under section 24 of the Special Marriage Act, 1954 to get decree of declaration of marriage as null and void, has been dismissed.

(3.) The case of the plaintiff/appellant in brief is that his marriage was solemnised on 27.09.2002 with Indua Devi (defendant/respondent) at Maldah (West Bengal) under the provisions of Special Marriage Act, 1954 and a Marriage Certificate to this was issued by Special Marriage Officer, Maldah which is in possession of defendant/respondent. After their marriage both the parties started living together at village Lalban, P.S. Rajmahal, District - Sahibganj and was consummated. After few days of their marriage, the appellant came to know that respondent was earlier married to one Sri Ram Bilas, resident of village - Chakrafu Ekchari, P.S. Kahalgaon, District - Bhagalpur (Bihar) and out of said wedlock, she has a 13 years son who was studying at Mundli Mission School at Mundli, P.S. Rajmahal, District - Sahibganj. The appellant further came to know that prior to her second marriage, the appellant had undergone operation for Vasectomy and as such she would not be able to conceive and give birth to the child. It is alleged that in order to claim paternal property of the appellant, the respondent had hatched a conspiracy and succeeded in solemnisation of second marriage with the appellant by playing fraud by concealing previous relationship. This led to strange relationship between the appellant and the respondent and resultantly there is no relationship between both of them and are living separately since long and Matrimonial Suit has been filed for declaring the marriage as null and void.