The facts leading to the present appeal in nutshell are as under That the appellant herein married with respondent husband on 05.04.2010.
Whether companysent of petitioner has been sought by respondent for the above marriage by suppressing previous marriage?
Feeling aggrieved and dissatisfied with the impugned judgment passed by the High Court, the appellant wife has preferred the present appeal.
Feeling aggrieved and dissatisfied with the judgment and decree passed by the learned trial companyrt dismissing her marriage petition, the appellant wife preferred the appeal before the Bombay High Court bearing First Appeal No.342 of 2015.
According to the respondent, at the time of their marriage on 05.04.2010, the applicant was in knowledge of his first marriage and despite the same she married with him.
It was also the case on behalf of the respondent husband that there was a customary divorce between the respondent and his first wife, which was prior to the solemnization of the marriage between the applicant and the respondent.
Whether the petitioner justified decree of divorce?
According to the respondent, after his marriage he started residing with his wife at Dehu Road.
Whether petitioner has forced the respondent to perform marriage with her by giving threat of suicide having knowledge of substitution of marriage of respondent with Savita Patil?
According to the respondent, at the time of marriage, as such, he was number at all willing to marry to the applicant, however, because of the pressure of the applicant and her threat to companymit suicide he was companypelled to marry the applicant.
Whether respondent has meted out mental cruelty to petitioner?
That their marriage was an inter caste marriage.
The learned trial companyrt framed the following issues Whether marriage of petitioner and respondent performed on 5.4.2010 under Special Marriage Act by suppressing previous marriage of respondent, performed on 8.3.2007 with Savita Patil in the said marriage was in existence on the date of marriage of party?
What order?
The learned trial companyrt therefore did number go into the details of the allegations and companynter allegations made in the plaint and the written statement on the ground that the case of the applicant does number fall in any of the provisions enumerated under Section 25 of the Act and therefore the applicant is number entitled for a decree of nullity of marriage.
R.SHAH, J. Leave granted.
Feeling aggrieved and dissatisfied with the impugned judgment and order dated 09.03.2016 passed by the High Court of Judicature at Bombay in First Appeal No.342 of 2015 by which the High Court has dismissed the said appeal filed by the original applicant and has companyfirmed the judgment and decree dated 01.12.2014 passed by the Signature Not Verified Digitally signed by ASHWANI KUMAR Date 2019.03.06 learned District Judge, Pune in Marriage Petition No.55 of 2012 by 173716 IST Reason which the learned District Judge dismissed the said marriage petition, the original applicant appellant wife has preferred the present appeal.
