SAMEER Vs. RASHMI

JUDGEMENT

(1.) The appellant/original respondent filed this appeal under Sec. 19 of the Family Courts Act, 1984 against the Judgment and order dtd. 30/8/2018, passed by the Family Court, Amravati, whereby the learned Judge of the Family Court had allowed the petition filed by the respondent No.1/original petitioner and declared so called marriage of the respondent No.1 and appellant as null and void and further declared the status of the respondent No. 1 as Maiden and not married.

(2.) The Cross Objection No.75 of 2021 is filed by Mr. Mahesh Dinkar Deshmukh, who was examined as a witness for the fca.77.2018judge.odt appellant/respondent. He has challenged the judgment and order to the extent of direction No. 4(iv) mentioned in the operative part of the order.

(3.) The facts giving rise to this appeal are as follows: The respondent No.1 is a Hindu girl. The appellant is the Mahomedan boy. It is the case of the respondent No.1 that they reside in the same locality. The sister of appellant by name Likhita was the friend of respondent No.1. The respondent No.1 used to visit the house of Likhita. The appellant and the respondent No.1 came into contact at the house of the appellant. The appellant developed intimacy with the respondent No.1. The appellant gave a proposal for marriage to the respondent No.1. The respondent No.1 refused the same. The appellant, therefore, got annoyed. He abused the respondent No.1. The respondent No.1, therefore, dis-continued her relations. However, at the instance of sister of the appellant the respondent No.1 continued to visit the house of the appellant. It is further case of the respondent No.1 that in the month of January-2012, she wanted to obtain the driving licence. The appellant came to know about this fact from his sister Likhita and therefore, contacted the respondent No.1. He collected the documents from the respondent No.1 namely Ration Card, Identity card issued by D.Ed. College, Passport size photo etc. After obtaining the driving licence he did not return the documents. It is further case of the respondent No.1 that the appellant continued to harass the fca.77.2018judge.odt respondent No.1. On 19/4/2012, the appellant met the respondent No.1 and her elder sister near Asmita Vidya Mandir, Amravati. He misbehaved with them. When the sister of the respondent No.1 told the appellant to behave properly with the respondent No.1, the appellant disclosed that the respondent No.1 is his married wife. He disclosed that they got married on 7/4/2012 at Chandrakala Vivah Mandal, Amravati.