Concealment of a previous marriage leads to nullity under Hindu Marriage Act, 1955.

1. This appeal has been preferred against the judgment dated 15-01-2015 passed by First Additional Principal Judge, Family Court, Raipur (C.G.) in Civil Suit No.103 - A / 2010 by which a decree passed declaring the marriage between the appellant and the respondent null and void.

2. The respondent filed an application under S.11 of the Hindu Marriage Act, 1955 (for short 'the Act of 1955') seeking relief of declaration of nullity of marriage between the respondent and the appellant. It was stated that the marriage of the parties was solemnized on 12-12-2009 in accordance with Hindu customary rites. The respondent came to know that the appellant was already married to a man namely, Ramayan Suryawanshi on a previous date 18-11-2009. Thus, fraudulently concealing the fact of previous marriage, the appellant entered into another wedlock with the respondent which is clearly prohibited under S.5 (1) of the Act of 1955. Hence, this marriage is nullity under S.11 of the Act of 1955. On these grounds, the relief of declaration was sought to declare the marriage dated 12-12-2009 between the respondent and the appellant as nullity.

3. The appellant in reply, has denied that any previous marriage was performed by her with Ramayan Suryawanshi on 18-11-2009. Further, denied the allegation of fraudulently concealing the fact of earlier marriage. It is specifically stated by her that it was Ramayan Suryawanshi who fraudulently performed the marriage with the appellant in Arya Samaj and soon after that she came to know that Ramayan Suryawanshi was already married and he had the living spouse. The marriage between Ramayan Suryawanshi and another has been declared a nullity by the Principal Judge, Family Court, Raipur in Civil Suit No.104 - A / 2011 by the judgment and decree dated 25-11-2011. Denying all other allegations in pleadings in the application, she has stated that out of wedlock with respondent, a male child has born on 11-10-2010. It was prayed that the application under S.11 of the Act of 1955 be rejected.

4. The trial Court framed issues and after affording opportunity of hearing to the parties, passed the judgment dated 15-01-2015 by giving a finding that the appellant fraudulently concealed the fact of her previous marriage and entered into wedlock with the respondent on 12-12-2009. Further, it was held that the marriage dated 12-12-2009 between the parties is in contravention to the provisions under S.5(1) of the Act of 1955. On the basis of these findings, the marriage between the parties was declared a nullity.

5. The grounds in the appeal are these, that the finding in the impugned judgment by learned trial Court is perverse and contrary to the provisions of law. The Court below has failed to appreciate the evidence in its proper perspective. The previous marriage of the appellant was declared nullity on 25-11-2011 by the Family Court itself proves that the alleged marriage between the appellant and Ramayan Suryawanshi was non - existent in the eyes of law. Under these circumstances, the marriage dated 12-12-2009 was a valid marriage. Prayer has been made to set aside the impugned judgment and decree of the Family Court, Raipur.

6. It is submitted by learned counsel for the appellant that it is a fact that marriage between the appellant and one Ramayan Suryawanshi was solemnized prior to the marriage dated 12-12-2009 with the respondent. The provisions of S.5 (1) read with S.11 of the Act of 1955 clearly demonstrate that the marriage between the appellant and Ramayan Suryawanshi was non - existent in the eyes of law. Hence, the decree declaring the marriage nullity was just a formality. When the marria