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1979 Supreme(P&H) 22

S.C.MITAL
Gurcharan Kaur – Appellant
Versus
Ram Chand – Respondent


Judgment

1. This appeal is directed against the judgement of the learned Additional District Judge, Faridkot, dismissing the petition filed under Ss.11 and 25 of the Hindu Marriage Act by Gurcharan Kaur against her husband Ram Chand. In her petition, Gurcharan Kaur averred that her marriage with Ram Ghand took place in the month of Maggar in the year 1972 at village Lopon. Thereafter, they lived as husband and wife but no issue was born. It was after that the marriage that she came to know that Ram Chand had two wives, namely, Nachhitar Kaur and Bhagwan Kaur living at the time of the marriage in question. As such, her marriage with Ram Chand be declared a nullity. Under Section 25 of the Act, Rs. 20,000/- were claimed as alimony.

2. In his written statement, Ram Chand opposed the petition and took up the plea that the marriage was not solemnized according to customary rites and the fact that he had two wives living was known to Gurcharan Kaur before the marriage.

3. The pleadings of the parties gave rise to the following issues :-

1. Whether the marriage between the parties was solemnised according to customary rites of the parties ? If not, its effect ? O.P.P.

2. Whether the petiti



















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