Madhya Pradesh High Court
Smt. Pushpa Dwivedi (Sharma) vs Prashant Sharma on 9 October, 2017
THE HIGH COURT OF MADHYA PRADESH
FA-898-2014
(SMT. PUSHPA DWIVEDI (SHARMA) Vs PRASHANT SHARMA)
Order Number :
Jabalpur, Dated : 09-10-2017
Shri Manoj Chaturvedi, learned counsel for the
appellant.
Shri R.P. Dwivedi, learned counsel for the respondent.
The appellant has filed this appeal against the judgment dated 18th November 2014 passed in Civil Suit No. 124-A of 2013. The appellant filed a suit for declaring the marriage solemnized between the appellant and the respondent as void. The trial court allowed the suit on the ground that before solemnization of marriage the appellant had already married with another person Ravindra Mishra, son of Vishnudatt Mishra. The marriage was valid in accordance with law and it was not set aside or no decree of divorce was obtained before second marriage by the appellant. Hence, the second marriage performed by the appellant is null and void.
Learned counsel for the appellant pleaded that the marriage between the appellant and respondent was solemnized on 29.11.2008 in accordance with Hindu Rituals. He further pleaded that before the aforesaid marriage the appellant had already solemnized the marriage with Ravindra Mishra, son of Vishnudatt Mishra on 27.6.2007 before the Marriage Officer and at the time of performing the second marriage, Ravindra Mishra was alive. hence, the second marriage performed by the appellant is null and void.
The appellant in her written statement admitted the fact that she had performed the court marriage on 27.6.2007 with Ravindra Mishra. She further pleased that there was a divorce between her and Ravindra Mishra on a judicial stamp paper and said fact had been communicated to the respondent. Hence her second marriage is valid.
Now the question for consideration before the court is that whether the marriage performed earlier by the appellant was dissolved or not. In support of the pleading that the appellant performed the marriage with Ravindra Mishra. The marriage certificate issued by the Marriage Officer, dated 17.6.2007 is filed as Ex. P-2. The marriage certificate issued by the Office of Marriage Officer, Jabalpur under Section 13 of Special Marriage Act 1954 has been filed at page no. 30., which is proved by PW-1. It is mentioned in the marriage certificate that Ravindra Mishra, son of Shri Vishnudatt Mishra performed the marriage with Ku. Pushpa Dwivedi, D/o Keshav Prasad Dwivedi in presence of the witnesses. The appellant contended that the aforesaid marriage was dissolved by an affidavit, which was executed by her. However, the aforesaid contention of the appellant could not be accepted because the marriage performed legally could only be dissolved by a decree of a competent court in accordance with law. There is no decree in favour of the appellant passed by a competent court to dissolve the earlier marriage. Hence, in our opinion, the trial court has rightly passed the decree declaring the second marriage performed by the appellant with the respondent as null and void.
Learned counsel for the appellant has submitted that the fact of first marriage of the appellant was in the knowledge of the respondent before solemnization of second marriage, hence, the respondent could not get a decree of divorce. In our opinion, the aforesaid argument of learned counsel for the appellant could not be accepted because even if there was a knowledge, however, in accordance with Section 5 (1) of the Hindu Marriage Act, if the marriage is solemnized by a party when a spouse is living at the time of marriage, then the second marriage is void. It is further clarified that this court has not expressed any opinion on the point that whether the respondent had information or knowledge about the first marriage of the appellant. Consequently, we do not find any merit in this appeal. It is hereby dismissed.
The parties shall bear their own costs.
(S.K. GANGELE) (ANURAG SHRIVASTAVA)
JUDGE JUDGE
bks