S. G. CHATTOPADHYAY
Rupak Banik – Appellant
Versus
Suparna Paul – Respondent
JUDGMENT & ORDER
1. This is an appeal filed under Section 19(1) of the FAMILY COURTS ACT , 1984 assailing the Judgment dated 16.03.2021 passed in T.S.(Null) 1 of 2020 by the learned Judge, Family Court, Sonamura, Sepahijala Tripura whereby the learned Court below declared the marriage between the appellant and the respondent dated 10.08.2019 as null and void.
2. The fact of the case, in brief, according to the appellant-Sri Rupak Banik is that, the respondent herein, Smt. Suparna Paul is the legally wedded wife of the respondent and their marriage was solemnized at the house of Nidhan Paul of village-Office tilla, under Bishalgarh P.S. on 10th August 2019 according to Hindu religion, Vedic rites and ceremonies. The marriage declaration was done between them on 6th September 2019 before the Notary Public at Bishalgarh. After that, a 'certificate of marriage' bearing No.148 SDM/BLG/JDL was also issued on 13.09.2019 in favour of them.
After marriage, the respondent-wife herein always insisted upon the appellant that he should live apart from the other members of his family, and the respondent used to detest not only the parents of the appellant but also the other members of the family.
The burden of proof for the existence of a valid marriage lies with the party asserting its validity, and failure to provide necessary evidence can lead to the marriage being declared null and void.
A subsequent marriage is void if one party is still married at the time of the new marriage, violating the Hindu Marriage Act.
Restitution of conjugal rights – Where marriage itself is not proved, decree for restitution of conjugal rights cannot be sustained.
The main legal point established in the judgment is the requirement for concrete and convincing evidence to establish the validity of a marriage, and the consequences of unauthorized and illegal marr....
The burden of proof lies with the party making a claim, and mere exhibition of a document is not sufficient to establish a fact. The court emphasized the importance of meeting the burden of proof in ....
A marriage is invalid if one party is still married to another; informal divorce deeds lack legal standing unless recognized by a competent court.
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