IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI &

HON'BLE SMT. JUSTICE ANURADHA SHUKLA th ON THE 27 OF NOVEMBER, 2024 FIRST APPEAL No. 245 of 2022 KOMAL PANJVANI Versus SUNIL KUMAR LALCHANDANI Appearance:

Shri Vaibhav Tiwari - Advocate for the appellant.

Shri Shreyash Pandit - Advocate for the respondent no.1.

ORDER Per: Justice Sushrut Arvind Dharmadhikari

1. With the consent of parties, the matter is heard finally.

2. The instant first appeal has been filed under section 28 of the Hindu Marriage Act, 1955 read with section 19 of the Family Courts Act being aggrieved by the judgment and decree dated 11.1.2022 passed by the Principal Judge, Family Court, Satna in R.C.S.H.M.No.338/2017 whereby the application filed by the respondent under section 11 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act of 1955) for declaring the marriage dated 29.8.2017 as null and void has been allowed.

3. The brief facts of the case are that the appellant as well as the respondent entered into a wedlock as per rites and customs of the Sindhi community. The first wife of the respondent/husband expired on 8.5.2017 leaving behind two daughters and one adopted son. The first marriage of Signature Not Verified appellant wife was dissolved on 12.2.2007 before the Panchs of the Sindhi community as per customs. From the first wedlock appellant wife has one son. The second marriage of both the parties was solemnized on 29.8.2017 at Gurudwara Darbar Sahib Raipur. In this regard the acceptance deed dated

29.8.2017 (Exhibit D/1) has been filed.

4. Thereafter, the respondent on 9.12.2017 filed an application under section 11 of the Act of 1955 for declaring marriage as null and void on the ground that soon after the second marriage within three days the appellant- wife started quarrelling with the husband and the family members. She used to create pressure on them to deposit Rs.15,00,000/- in the bank as Fixed Deposit or else she would lodge a complaint in the police. On 23.10.2017 the appellant all of a sudden without informing anybody took jewelry and clothes amounting to Rs.3,00,000/- and left the matrimonial house. She used to quarrel on different occasions and used to call Police by Dial 100.

5. Being aggrieved by the cruelty of the appellant wife, an application under section 11 of the Act of 1955 for declaration of marriage as null and void was filed by the respondent husband.

6. The Family Court vide its impugned judgment dated 11.1.2022 came to the conclusion that the appellant had not been able to obtain a decree of divorce under the Act of 1955 and that the first husband of the appellant was alive on the date of second marriage, i.e. on 29.8.2017. Even the parties did not enter into customary divorce deed nor they could establish the existence of such a customary right, therefore, the Family Court relying on various judgments of the Apex Court came to the conclusion that as per the Signature Not Verified provisions of Section 5 of the Act of 1955 the second marriage solemnized between the appellant and the respondent on 29.8.2017 is not a lawful marriage since the first marriage of the appellant wife was not dissolved and her first husband Sanjay Panjwani was alive on the date of second marriage.

7. In view of the aforesaid, the second marriage dated 29/8/2017 has been declared as null and void.

8. Learned counsel for the appellant submitted that the learned Family Court failed to appreciate the customary divorce deed dated 12/2/2007. There is a custom of divorce before the Panchs which was recorded before the Notary. This aspect was also not taken into consideration by the Family Court and the same remained unchallenged before any court of law, therefore, the divorce before the Panchs is valid and falls within the custom of Sindhi community. Therefore, the order passed by the Family Court deserves to be set aside.

9. Per Contra, learned counsel for the respondent vehemently opposed the