KAILASH CHAND MEENA S/O SHRI SHYONATH MEENA Vs. SMT GOPI DEVI MEENA W/O SHRI KAILASH CHAND MEENA, D/O SHRI SUNDER LAL MEENA

JUDGEMENT

(1.) This misc. appeal is directed against the judgment and decree dated 22.05.2014 passed by the ld. Family Judge No. 1, Jaipur in Suit No. 01/2006 (Kailash Chand Meena v. Smt. Gopi Devi Meena ), whereby he dismissed the suit seeking to declare the marriage between the parties as null and void.

(2.) The short question involved in the appeal for our consideration is that whether the resolution dated 17.01.2004 (Ex.1) of Caste Panchayat to dissolve the marriage between the parties as per the customs prevalent in their caste, who are members of Scheduled Tribe and therefore, exempt from the applicability of the Hindu Marriage Act, 1955 ('the Act') under section 2(2) of the said Act, can be relied upon as an authentic and genuine document. This issue is to be examined further whether affidavit (Ex.-2) allegedly sworn in by respondent Gopi Devi and the marriage dissolution deed (Ex.-3) can also be given credence or not?

(3.) The suit came to be filed by appellant-plaintiff Kailash Chand Meena on 15.12.2005 in ld. Family Court No. 1, Jaipur with the averments that both the parties belong to caste 'Meena', whose marriage took place on 25.05.1983 as per Hindu customs and rituals at village Kishorepura, Tehsil Jaipur. Age of plaintiff was 08 years and that of defendant was 04 years respectively at that time. They were not aware of any marital ties and its obligations. No 'Gauna' (consummation of marriage) took place between them and therefore, no issue was born out of the wedlock. They never accepted each other as husband and wife. Family members and caste fellows got the marriage dissolved as per the extent traditions of Meena caste and mutual consent of both the parties in the community Panchayat held on 17.1.2004. It was also alleged that a marriage dissolution deed was also executed by the parties and got notarized on 01.10.2004. Despite this, respondent-defendant raised the demand for maintenance allowance and refused to acknowledge the dissolution of marriage. It was also averred that prior to it, a suit for declaration of dissolution of marriage was filed in ld. Family Court No. 2, Jaipur, which was withdrawn on 07.12.2005 for some legal and technical lacunas. A decree for declaring the marriage dissolved as per the decision of the caste Panchayat dated 17.01.2004 was prayed for by filing the suit.