Harjit Kaur vs Surinder Singh on 22 November, 2016

2. The appeal has reached for hearing today and none appears for the
respondent. The reason is obvious. During the subsistence of the marriage
he had an extra-marital relationship with one Ms.IK (name withheld). As a
result of an illegal order passed by the learned Judge Family Court the
appellant was denied the opportunity to bring on record evidence of

MAT.A.(F.C)No.107/2015 Page 1 of 8
adultery. But as recorded in the order dated January 18, 2016 passed in the
appeal, the respondent admitted that he had formally married Ms.IK after
decree for divorce in his favour was passed and that on February 05, 2008,
i.e. when the marriage was subsisting he had fathered a child Master MS
(name withheld). It would be relevant to note that the petition seeking
annulment of the marriage by grant of a decree for divorce was filed by the
respondent on July 12, 2004 and was allowed in his favour vide order dated
May 23, 2015. It is apparent that Master MS was born to Ms.IK when the
proceedings for divorce were pending.

Source: Indian Kanoon

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