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1995 Supreme(All) 28

V.P.GOEL, S.C.MOHAPATRA
MANJU SHUKLA – Appellant
Versus
ASHOK KUMAR SHUKLA – Respondent


Advocates Appeared:
A.C.Nigam

S. C. MAHAPATRA, J.

( 1 ) THIS is an appeal under Section 19 of the Family Courts Act, 1984.

( 2 ) RESPONDENT filed a suit in the Court of Munsif for declaration that appellant is not his wife. In the said suit, appellant claimed that she is duly married wife of the respondent. On establishment of Family Court, suit was transferred.

( 3 ) RESPONDENT filed affidavit of witnesses of his case that there was no marriage. Appellant on the other hand has filed affidavit of witnesses and has also filed larger number of documents indicating that she is wife of the respondent. Considering these materials learned Family Court judge has held that there is no marriage between appellant and the respondent and accordingly, decreed the suit. This appeal has been filed against the said decree.

( 4 ) ON perusal of the record, we find that learned Family Court Judge has not followed the procedure laid down under the Family Courts Act for disposal of the suit. Under Section 14, provisions of the Evidence Act are attracted. Under Section 15 there of oral evidence is to be recorded and the manner of recording of such evidence has also been indicated in the said provision. Evidence of persons which is o





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