Madhya Pradesh High Court
Smt. Anusiya vs Smt. Neena on 7 November, 2025
Author: Vishal Dhagat
Bench: Vishal Dhagat
NEUTRAL CITATION NO. 2025:MPHC-JBP:56515
1 FA-876-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL DHAGAT
&
HON'BLE SHRI JUSTICE B. P. SHARMA
ON THE 7 th OF NOVEMBER, 2025
FIRST APPEAL No. 876 of 2025
SMT. ANUSIYA
Versus
SMT. NEENA AND OTHERS
Appearance:
Shri Vitthal Rao Jumre - Advocate for the appellant.
Shri Lal Achyutendra Singh Baghel - Advocate and Ms. Shikha
Baghel - Advocate for the respondent No.5.
JUDGMENT
Per: Justice Vishal Dhagat
Appellant has filed this appeal under Section 19 of the Family Courts
Act, 1984 challenging judgment and decree dated 12.03.2025 passed by
Principal Judge, Family Court, Chhindwara, District-Chhindwara (MP) in
RCS No.26-A/2021 by which petition preferred by appellant for declaring
herself to be wife of Late Yashwantrao Gajbhiye, was dismissed by the trial
Court.
2. Brief facts of the case are that, appellant is said to have accepted the
proposal of marriage. Appellant and Yashwantrao Gajbhiye got married on
13.04.2001 as per customary system of "Paat Vivah" at Village-Shakkarjhiri,
District-Chhindwara. Both were living together as husband and wife.
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Appellant gave birth to a daughter namely Pratha from the wedlock on
22.11.2007. Name of appellant could not be entered in service records of
Late Yashwantrao Gajbhiye as marriage took place after his retirement and
prayer made by appellant was not accepted by respondent No.5. Respondent
No.1 to 4 who are daughters of Late Yashwantrao Gajbhiye also refused to
acknowledge status of appellant as wife.
3. Learned counsel appearing for appellant submitted that Late
Yashwantrao Gajbhiye was earlier married to two other women namely
Leela Bai and Yashodhara Bai. First wife namely Leela Bai did not survive.
Appellant and Yashwantrao Gajbhiye were married on 13.04.2001 and they
lived together for about 15 years. One daughter was born from said wedlock.
Yashwantrao Gajbhiye was Operator in BSNL and he died on 15.01.2016.
Appellant had filed Aadhar Card which bears her name as wife and also
agreement of marriage having photograph of appellant on it. Daughter was
also produced as witness (PW-5). She had filed her Aadhar Card (Ex.P/2)
and Marksheet (EX.P/3) in which name of mother Anusuiya and care of
Yashwantrao Gajbhiye was mentioned. Appellant produced other witnesses
namely Smt. Jamwati (PW-2), Anil Athankar (PW-3), Ramnaval Pandey
(PW-4) who had also given similar statements of marriage between appellant
and Yashwantrao Gajbhiye in year 2001. Jamwati (PW-2) and Anil Athankar
(PW-3) had also stated that Pratha (PW-5) is daughter of Anusuiya and
Yashwantrao Gajbhiye. Appellant was married and her husband passed away
on 21.11.1999. Thereafter, she married Yashwantrao Gajbhiye. First wife of
Yashwantrao namely Leela Bai died and he was not having any living
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spouse. Appellant lived along with him for a long time of 15 years.
Considering the evidence of witnesses available on record, trial Court had
committed an error in not decreeing the suit for declaration.
4. Learned counsel appearing for respondent submitted that appellant
had miserably failed to prove her case. Yashwantrao was having living
spouse. Appellant was also married. In this circumstance, no error has been
committed by trial Court in dismissing the civil suit.
5. Heard the counsel for the parties and perused the records.
6. On going through the facts and circumstances of the case, it was
found that Leela Bai was first wife of Yashwantrao Gajbhiye. Yashwantrao
has nominated her in service record for pensionary benefit. He has also
named other members of his family. Plaintiff failed to file any document to
show that Yashwantrao during his life time made any request in his
department to change nomination. Account Officer of BSNL has also
acknowledged Leela Bai as wife and had filed judgment of trial Court in
which claim of appellant to give her succession certificate in Case
No.25/2016 was dismissed. Trial Court taking into consideration order dated
29.08.2019 found that Yashwantrao was also married to Yashodhara and was
having daughter Sunita @ Sarita. She was second wife whom he married in
year 1985. There was marital dispute between second wife and Yashwantrao.
Case under Section 125 of the Cr.P.C. was pending. No document was filed
by appellant that deceased has taken divorce from Yashodhara. Appellant
failed to implead Yashodhara and her daughter as party in this case.
Appellant has also not filed any document showing death of
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Yashodhara/second wife. Deceased Yashwantrao was having living spouse
when he started living with appellant. Even if version of appellant believes to
be true then also marriage between appellant and Yashwantrao (deceased)
will be void as same will be hit by Section 5(i) of the Hindu Marriage Act,
1955.
7. This first appeal is devoid of any merits and same is dismissed.
(VISHAL DHAGAT) (B. P. SHARMA)
JUDGE JUDGE
$A
