The court upheld that claims of a second marriage must be substantiated by credible evidence, and failure to authenticate electronic evidence renders it inadmissible.

JUDGMENT :

Sujit Narayan Prasad, J.

1. The instant appeal under Section 19(1) of the FAMILY COURTS ACT , 1984 is directed against the order/judgment dated 30.09.2024 passed by the learned Principal Judge, Family Court, Chaibasa in Original Suit No. 63 of 2024, whereby and whereunder, the learned court has dismissed the suit filed by the petitioner-husband for dissolution of marriage on the ground that the petitioner/husband (appellant herein) failed to establish that his wife (respondent herein), has solemnized second marriage with Dura Munduiya and is living with him.

2. The brief facts of the case as per the original matrimonial suit needs to be referred herein as under:

The marriage of petitioner and respondent was solemnized on 16.11.2012 according to Tribal customs at Village-Kuidbusu, PS- Muffasil, District- West Singhbhum in presence of the relatives and friends of both parties. After solemnization of marriage, both parties started conjugal life at the house of the petitioner at Village- Kuidbusu, PS-Muffasil, District-West Singhbhum up to 28.01.2022. One son, namely, Pankaj Bari was born out of their wedlock, who is living at Champua Hostel and studying in Kerala English Medium School, Champua in Class-IV. When petitioner wanted to make physical contact with the respondent, she used to make one and another pretend and lastly refused to make physical relation. When he made inquiry then he found that respondent used to talk over the phone with her boyfriend, namely, Dura Munduiya and used to chat with him regularly in absence of the petitioner saying the word "you are my one true love." When petitioner tried to made her understand, she refused to live with him and left the matrimonial house on her own sweet will on 28.01.2022 and started living with Dura Munduiya. The petitioner is Sub Inspector in S.S.B. and at present posted as S.H.Q. Gangtok, Sikkim. When his villager Chandra Mohan Bari informed him that his wife/respondent has illegal relation with Dura Munduiya, he took leave and came to his village and he found that his wife is not at Home then he made inquiry and came to know that she is in the house of Bandra Killa, Khapparsai, Chaibasa then along with his mother Tungri Bari, as well as Chandra Mohan Bari went to the said house and opened the door forcibly and he found that his wife/respondent was in that house with Dura Munduiya and having physical relationship as well as Dura Munduiya was in the Bed room of Bandra Killa. When the petitioner asked the respondent why she cheated him then she clearly told that she had love affair with his boyfriend, Dura Munduiya, and he is capable to fulfill her physical demand which is not possible by you (petitioner) regularly. The respondent abused the petitioner and threatened him to face dire consequences, if he opposes or takes any action against her as well as Dura Munduiya.

Since then, respondent is living with Dura Munduiya and there is no contact with the petitioner and she also does not take care of her child, namely, Pankaj Bari. The respondent is regularly threatening the petitioner demanding money saying that if petitioner does not pay any maintenance then she will lodge false criminal case against him. Now respondent/wife has got second marriage with Dura Munduiya on 29.02.2024 without taking divorce and living with him at village Pampara, Chaibasa. The petitioner requested the respondent/wife to take divorce but she is denying and her intention is to extort money from the petitioner regularly. Finding no way petitioner requested the village Munda, namely, Gurucharan Bari to call a meeting regarding second marriage of the respondent/wife then Village Munda called a meeting on