FAMILY LAW - I

Santosh Kumari
v.
Harish Kumar and Anr.

Presented By:-
Arunesh Chandra
18IP63010
 Citation :- I(2005)DMC 453,
(2004)137PLR860, 2005(2)RC R(Civil)277
Bench :- Justice V.M. Jain
Jurisdiction :- High Court of Punjab and
Haryana
Petitioner :- Santosh Kumari
Respondent :- Harish Kumar and another
Issue Under Consideration

• Whether the marriage was null and void or

not?
 Facts
• Appeal filed against the judgement
declaring the marriage null and void.
• Harish Kumar alleged that Santosh Kumari
had a living spouse on the date of
solemnisation of their marriage and no child
was born out of the wedlock.
• It was alleged this fact was admitted by her in
the civil suit decided by the Civil Court on
12.3.1990
• It was alleged that this fact was not disclosed
by her at the time of marriage.
• It was alleged that Santosh Kumari went back
to her parents house and did not return even
after several attempts made by Harish Kumar.
• Harish Kumar came to know about the fact of
the previous marriage on 30.10.1993 and he
filed the petition for nullity of marriage on
2.11.1993
• Santosh Kumari alleged that she was ousted
from the house when she was pregnant and a
male child was born on 2.2.1994
• Santosh Kumari alleged that Subhash was
married to Reeta and Santosh Kumari was
minor on 12.3.1990 (the date when the
alleged civil suit was filed in which she
accepted the fact of her marriage with
Subhash).
• It was allged that she was unaware of the
fraudulent civil suit.
• At the time of argument , no one came on
behalf of the Harish Kumar , the respondent
even after several other notices.
 Judgement
• There was no evidence on record to prove that the
appellant Smt. Santosh Kumar had a living spouse at
the time of her marriage with Harish Kumar and as
such her marriage with Harish Kumar, could not be
declared as nullity regard.
• It has further been submitted that merely on the basis
of Civil Court decree dated 12.3.1990, it could not be
said that Smt. Santosh Kumari was married to Subhash,
especially when neither the plaint allegedly filed by her
in the Civil Court was put to her nor there is any other
evidence to show that in fact, she had filed the said
suit.
• In any case , she was a minor at the time of filing
of the earlier suit and the said suit having been
filed by her as a minor without guardian/next
friend, it could not be said that there was any
valid plaint or a valid decree of the Civil Court. It
is clear from the matric certificate of Santosh
Kumari.
• At the time of filing of the said suit Smt. Santosh
Kumar was a minor, inasmuch as, she was just 16
years old at the relevant time (date of birth
28.2.1974. Suit filed on 2.3.1990).
• It is not even clear from the suit that it is the
same Santosh Kumari.
• The learned Additional District Judge had
erred in law in holding that on the basis of the
plaint and the decree in the previous suit
Santosh Kumari was married to Subhash on
22.11.1989 or that on that account she had a
living husband at the time of her marriage
with Harish Kumar on 28.1.1993.
• In view of my detailed discussion above, the
present appeal is allowed, the judgment and
decree dated 4.1.1995 passed by the Trial
Court are set aside and the petition for
declaring the marriage as a nullity filed by
Harish Kumar against Smt.Santosh Kumari is
dismissed.
 My take on the Judgement
• It was right to revert the judgement of trial
court as merely citing a civil suit as evidence is
not appropriate and that civil suit was also
questionable.
THANK YOU