holding that the petitioner-wife has failed to establish factum of marriage with respondent No. 1-husband.
2. Having examined the facts and circumstances ... marriage and it is sufficient that marriage is admitted by the opponent-husband in a statement before the Sub-Registrar of Marriage. In not placing
since there is no legal evidence with regard to the factum of marriage and its legality between Cdr. Dilip Baijal and Aarti, the main ingredient ... Baijal and Aarti were related as husband and wife and the factum of marriage, as such was not in issue and, therefore, the prosecution
evidence on record, it is clear that the
factum of marriage is already proved and, according to him, the marriage had
taken place at Ganganagar ... respondent, submitted
that there is no evidence to prove the factum of marriage. He submitted that
simply because the appellant and the respondent moved together
marriage; (ii) that while the first marriage was
subsisting the spouse concerned must have contracted a second
marriage; and (iii) that the second marriage ... marriage. Then the second marriage so
solemnized during the subsistence of the first marriage would
become void under Section 17 of the Hindu Marriage
applicant and deceased were Government servants but they never
disclosed the factum of marriage in their Government records nor the
deceased after her marriage filed ... appreciated the documentary as well as oral evidence with regard
to factum of marriage of applicant with the deceased-Basanti Tiwari. Learned
counsel
suited the plaintiffs, primarily, on the ground that the 'factum of marriage' of the first plaintiff with Marimuthu has not been conclusively proved ... presuming that necessary ceremonies were performed and the marriage was a valid marriage, when even the factum of marriage between Marimuthu and 1st respondent
called marriage took place with
the seventh defendant in the year 1959 and therefore, the said marriage is void,
illegal since the previous marriage ... suit property. The factum of joint possession was denied. Further, the
maintenance Court has denied the factum of marriage between the first defendant
mentioned as his son in
the form at page 125. Thus, factum of marriage cannot be
doubted. More so, from BSNL's reply filed ... before the
Tribunal and its averments make it clear that factum of
marriage of petitioner with Md. Irshad Ali was not doubted.
Instead, repeated stand
Devi in her statement U/sec 313 Cr. P. C.
admitted factum of marriage of co-accused Sonu Yadav with
deceased on 02.05.2013. She also ... Yadav in her statement U/sec 313 Cr. P. C.
admitted factum of marriage of co-accused Sonu Yadav with
deceased on 02.05.2013. She also
concubine and the lower appellate court
rightly held that the factum of marriage had not been
proved. Negating the contention with regard to presumption ... would arise if there is
evidence on record to prove the factum of marriage and the
fact of staying together with the concubine as husband
