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2009 Supreme(Kar) 896

N.ANANDA, D.V.SHYLENDRA KUMAR
Bhuvaneshwari – Appellant
Versus
Revappa @ Rani Siddaramappa Kolli – Respondent


Advocates appeared:
For the Petitioner:Sanjeevkumar Patil, Advocate.
For the Respondents: R-1(a) is served; Appeal against R1(b) is dismissed.

Judgment :-

1. This appeal under Section 19(1) of the Family Court Act, 1984, by the defendant in O.S.No.62/93 on the file of Judge, Family Court, Bijapur, is directed against the judgment and decree passed in the said suit.

2. The suit was by a person whom the defendant claimed, believed and asserted to be her husband, but who sought for a declaration, that too, a negative declaration that the defendant is not his legally wedded wife, and for consequential relief, with no part of the pleading indicating any event/development to show that there was some form of the marriage having taken place between the parties.

3. The case of the Plaintiff is that the defendant is his close relative, viz., his sister’s daughter, and out of love and affection for his sister and brother-in-law, he used to visit them regularly. On such occasions they were expressing their desire to give their daughter in marriage to the plaintiff, but his reaction was one of stubborn refusal, and is said to have indicated to the parents of the defendant that he has no intention to marry the plaintiff, notwithstanding the pressure exhibited by all family members and well-wishers. Further case of the plaintiff is that

















































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