Jokhan Prasad Shukla vs Lakshmi Devi

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1973 Supreme(All) 463

G. C. MATHUR
Jokhan Prasad Shukla – Appellant
Versus
Lakshmi Devi – Respondent

ORDER

G.C. Mathur, J. - Respondent Smt. Lakshmi Devi filed a suit on 20-5-196 in the court of Munsif Khalilabad at Basti, against the Appellants. The Plaintiff is the wife of Appellant No. 1 Dr. Jokhan Pd. Shukla. The relief which she asked for in the plaint was for a permanent injunction restraining her husband Appellant No. 1, and Ram Daur Appellant No. 2 from performing the marriage of Appellant No. 1 with Appellant No. 3 Km. Kusum. On the application of the Plaintiff the Munsif granted an interim injunction restraining the performance of the marriage but in spite of this injunction the marriage was performed between Appellant No. 1 and Appellant No. 3 on 23-5-1969. Thereupon, the Plaintiff amended her plaint and in place of the relief of permanent injunction sought the relief of declaration of the marriage between Appellant No. 1 and Appellant No. 3 as void. The trial court framed the following issues:

(1) Whether the Defendant No. 1 has remarried Defendant No. 3 during the continuance of his valid marriage with the Plaintiff? If so its effect? (2) Whether the suit is not maintainable? (3) Whether the court-fee paid is not sufficient? (4) To what relief, if any, is the Plaintiff

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