THOUDAM (N) KANGJAM (O) KUNJARANI DEVI Vs. KANGJAM IBOYAIMA SINGH

JUDGEMENT

(1.) THIS matrimonial appeal is directed against the judgment and order of the learned Judge, Family Court, Manipur in Mat. (Dec) Suit No. 63 -A of 2012 dated 08.07.2013. The plaintiff before the Family Court is the appellant in this appeal.

(2.) THE learned Judge, Family Court dismissed the Suit on the ground that the plaintiff/appellant failed to establish her marriage with late Kangjam Biren Singh.

(3.) AFTER hearing the learned counsel appearing for the parties on these issues, unfortunately we find that the learned Judge, Family Court has neither framed any issue with reference to the pleadings of the parties nor the parties had been allowed to adduce evidence. Documents had been filed before the learned Judge, Family Court and parties relied on the documents without the same being proved in accordance with law. We fail to understand as to how the learned Judge, Family Court has decided the Suit without framing issues or directing the parties to adduce evidence when several disputed questions of facts and law relating to customs and usages prevailing in the State of Manipur had been raised. We, therefore, think it proper to remit the matter back to the learned Judge, Family Court for disposal of the Suit afresh by framing issues and directing the parties to adduce evidence.