IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.V.Karthikeyan, K.Rajasekar, JJ
S.Logidoss – Appellant
Versus
S.Kasturi – Respondent
| Table of Content |
|---|
| 1. background and trial court dismissal of nullity suit (Para 4 , 5 , 6) |
| 2. undisputed facts confirming subsisting prior marriage (Para 8 , 9 , 10) |
| 3. s.5(i) and s.11 render marriage void ab initio (Para 12 , 13) |
The plaintiff in O.S.No.250 of 2018, on the file of the V Additional Family Court, Chennai, aggrieved by the judgment and decree dated 24.10.2019, by which judgment the suit was dismissed has filed the present appeal.
2.The said suit in OS No.250 of 2018 had been filed under Sections 5(i) and 11 of theHindu Marriage Act, 1955seeking a judgment and decree to declare that the marriage solemnised on 30.10.2017 between the appellant herein/plaintiff and the respondent/defendant as null and void.
3.It is the case of the appellant that he had earlier married another lady on 31.08.2011 and had obtained a decree of divorce by mutual consent on 09.06.2013 in FCOP No.4141 of 2012. Thereafter, the appellant and the respondent were married on 30.10.2017. It was contended that the respondent had held out that she was also a divorcee. However, it came to light that after the marriage, the respondent was frequently going over to the Family Court at Poonamallee and on verificat
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