1991 (3) TMI 405

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....und that the appellant is not the legally wedded wife of the respondent who had earlier married one Veeramrna, the learned magistrate awarded a monthly maintenance of Rs. 400 holding that the first marriage has not been proved. The order was, however, set-aside by the High Court in revision accepting the plea that the first marriage was subsisting when the respondent married the appellant. 2. We have granted special leave to appeal against the order of the High Court. We have been taken through the pleadings and the evidence by the learned Counsel for the appellant for the purpose of satisfying that the High Court had no material before it for arriving at the finding that there was a valid marriage between Veeramma and the respondent on ....

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.... another woman as husband and wife cannot persuade the court to hold that the marriage duly solemnised between the appellant and the respondent suffers from any legal infirmity. The High Court has referred to Ex. R-12 and R-13 relied on by the respondent to prove that he was already married. Ex. R-12 is the insurance policy issued on 5.12.1975 where the name of the nominee is shown as Veeramma indicating that she is the wife of the respondent. Ex. R-13 is the family identity card issued by the Road Transport Corporation where the respondent was working in 1977. These documents are issued on the basis of what the respondent himself had stated. The entries are not conclusive of the subsistence of a valid marriage between the respondent and Ve....