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1980 Supreme(All) 15

DEOKI NANDAN
AINA DEVI – Appellant
Versus
BACHAN SINGH – Respondent


Advocates Appeared:
S.N.DOVAL, Shanti Swarup Bhatnagar

DEOKI NANDAN, J.


( 1 ) THIS is a wifes first appeal from a judgment dated 8th May, 1976 of the Court of the District judge, Tehri Garhwal, dismissing her petition for declaring her marriage with the first respondent a nullity under Section 11 of the Hindu Marriage Act on the ground that the first respondent was already married and had a wife living in the person of the second respondent, when he married the petitioner-appellant.

( 2 ) THE appellants case as set out in her petition which is dated 13th May, 1974, was that the first respondent had married the second respondent some 10 years ago and a daughter Kamla was born to them prior to Samvat 2025, that is 1968-69, and they were living as husband and wife since long before, it was then pleaded that the petitioners father having died when she was about 7 or 8 years old, that is, some 15-16 years before the filing of the petition; and the pe-tioners mother having become a cripple some 10 years ago and being unable to look after her cultivation, she needed a Ghar Jawai, and with that intention the first respondent was taken by the petitioners mother as a Ghar Jawai, that is, as the petitioners husband who had to live at the petition


















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