DEEPAK MAHESHWARI,J. - (1.) Instant Misc. Appeal has been preferred by the appellant- wife assailing the judgment and decree dt.03.12.2014 passed by the ld.Family Court, Jhunjhunu declaring the alleged marriage solemnized on 06.03.2011 to be a void marriage as envisaged u/Sec.11 of the Hindu Marriage Act, 1955 (in short "the Act, 1955") and granted the decree of nullity as it has contravened one of the conditions specified u/cl.(i) of Sec.5 of the Act, 1955.
(2.) At the outset, it may be noticed that the respondent had filed application u/O.41 R.27 CPC placing certain documents on record which are the public documents with affidavit and it has been stated that the appellant's marriage was earlier solemnized with one Sanjay S/o Babu Lal on 16.07.2005 and that came to be dissolved by mutual consent u/Sec.13B of the Act, 1955 by the court of Additional District Judge, Rewari on 18.05.2010 and while subsisting her first marriage, she solemnized marriage with Lalit S/o Tara Chand on 08.12.2009 and that was dissolved by consent on 04.08.2011 and certified copy has been placed on record.
(3.) The indisputed facts which manifest from the record are that the marriage of the appellant-wife with the respondent-husband was solemnized on 06.03.2011 according to Hindu rites and customs and from this wedlock a child was born on 23.02.2012. Application u/Sec.11 and 12 of the Act, 1955 came to be filed by the respondent-husband before the ld.Family Court, Jhunjhunu treating their marriage to be a void marriage with a declaration of nullity contravening the condition specified u/cl.(i) of Sec.5 of the Act, 1955.;