The high court has upheld the order of a family court which annulled a woman's second marriage and granted a divorce on the ground that she had concealed the fact that she had given birth to four children in her first marriage. A Division Bench of the high court dismissed the appeal filed by a woman from Tumkur seeking cancellation of the family court order. The appellant has not submitted any statement of objection to the family court regarding the divorce petition of the husband (second husband) in the case. No evidence has been provided in their favour. The wife has not made any attempt to challenge the husband and refute his evidence. The family court granted the divorce only after scrutinizing the evidence provided by the husband. The Division Bench dismissed the appeal holding that there was no ground before the high court to interfere with that order and reject the husband's evidence.
Bhavyashree and Ramesh (name changed) from Tumkur were married on 20 May 2016. Bhavyashree is already married to another person. The couple has four children. A few days after the marriage, Ramesh came to know that Bhavyashree had married him for the second time after hiding this matter. As a result, Ramesh filed an application in the local family court on february 22, 2017 seeking to annul the marriage with Bhavyashree and grant the divorce.
The family court had issued a notice to Bhavyashree regarding the application. She had also appointed a lawyer to represent her in the case. That lawyer had also appeared before the court and presented his advocacy. However, no statement of objection was submitted on the application from Bhavyashree's side in later days. Pati did not challenge Ramesh. As a result, the family court granted Ramesh's application, annulled the marriage and granted the divorce on january 8, 2018. Bhavyashree had appealed to the high court to cancel it.
Ramesh concealed the facts of the case and obtained the divorce order. Therefore, Bhavyashree requested that the order of the family court should be quashed in the appeal.
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