Binda Devi v. Dabboo Yadav @ Sanjeev Yadav : 2016 (4) DLT (Crl) 189 : 2016 (4) JCC 2361 : 2016 (7) LRC 195 (Del)
Section 125-Dismissal of petition- Revision-Failure of Petitioner to prove relationship between parties-Ceremony necessary to perform marriage ' i.e. Saptapadi ' was not performed Even as her petitioner in the presence of her husband-How there can be a legal and valid marriage during the subsistence of her first marriage-Even otherwise putting of 'Sindoor' by respondent in presence of her husband cannot confer status of a wife on her-Impugned orders not suffer from any of infirmity-Petition dismissed.
Held : During the course of hearing the revisionist was present in person and was questioned at length about any proof with her to prove the relationship of husband and wife between her and the respondent, she stated that she was not having any proof except the photographs placed on record. Learned Judge, Family Court has already noted that the ceremony necessary to perform the marriage i.e. ‘Saptapadi’ was not performed even as per the petitioner.
It is her own case that she was already married to Surender Rai who was made alcoholic by the Sanjeev Yadav (respondent herein). The surprising thing is that even as per the petitioner in the year 1994 the respondent put sindoor in her head in the presence of her husband Surender Rai. How there can be a legal and valid marriage during the subsistence of her first marriage. Even otherwise putting of ‘sindoor’ by the respondent in presence of her husband cannot confer status of a ‘wife’ on her.
Family Court has considered the evidence in correct legal perspectives. The impugned orders do not suffer from any illegality of infirmity hence the revision petition is dismissed.