1995 Supreme(Raj) 726
RAJASTHAN HIGH COURT
N.C.Kochar, N.L.Tibrewal, JJ.
Bhagwan Singh - Appellant
Versus
Smt. Manju Devi - Respondent
D.B. Civil Misc. Appeal No. 86/95.
Decided On : 9-02-1995
Advocates:
For the Appellant:Mr. B.N. Sandu, Advocate.
For the Respondent:Mr. Resham Bhargava, Advocate.
The court upheld the dissolution of marriage based on sufficient evidence of the appellant's second marriage and the birth of a child from that marriage.
Headnote:
Dissolution of Marriage - Evidence of Second Marriage - The court upheld the dissolution of marriage based on evidence of the appellant's second marriage and the birth of a child from that marriage.
Fact of the Case:
The respondent sought dissolution of her marriage with the appellant, citing his marriage to another woman and the birth of a child from that marriage as grounds.
Finding of the Court:
The court found the evidence presented by the respondent to be sufficient and reasonable, leading to the dissolution of the marriage.
Issues: Validity of the grounds for dissolution based on the appellant's second marriage and the birth of a child from that marriage.
Ratio Decidendi: The court relied on the oral and documentary evidence presented, including a birth entry from the Municipal Council, to support the dissolution of the marriage.
Final Decision: The appeal was dismissed, and the decree dissolving the marriage was upheld.
JUDGMENT
1. - The respondent had filed an application for dissolution of her marriage with the appellant, on the ground that he has married another woman by the name of Taruna alias Raj Kumari and had been living with her and that a son was born from the appellant to Taruna. Taruna was also made a party. During the course of evidence, the respondent wife, besides producing oral evidence, produced a birth entry from the record of the Municipal Council, Ajmer, showing that a son was born on 30th March, 1993 to Taruna, wife of Bhagwan Singh, resident of John's Gunj, Ajmer. Taruna was not produced in the witness-box, although, she was a respondent in the petition and had also appeared in the Court once. No evidence had been produced in rebuttal to show that the birth entry related to some body else, who also resides in John's Gunj, Ajmer, resident of which place the appellant, admittedly is - taking into consideration the oral and the documentary evidence the learned Family Court, Ajmer has passed a decree dissolving the marriage between the parties.
2. We have heard the learned Council for the parties and have also taken into consideration the documents and the oral evidence read over to us, and we feel that the view taken by the learned family Court is reasonable and calls for no interference.
3. The appeal is therefore dismissed in limine and stands disposed of accordingly.Appeal dismissed.
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