Andrias Soni vs Mr. Joyce Prasad Soni on 26 June, 1984

    Andrias Soni vs Mr. Joyce Prasad Soni on 26/6/1984

JUDGMENT

   C.P. Sen, J.

   1. This is for confirmation of the decree for nullity of marriage under
Section 19(4) of the Indian Divorce Act, 1869, which requires to be confirmed
under Section 20 of the Act.

   2. The parties are Christians and they were married on 27-6-1981 as per rites
and ceremonies in their community at Ajmer. After the marriage, the respondent
came to live with the petitioner at Jabalpur on 30-6-1981 and both of them lived
together as husband and wife for 15 days in the petitioner's house in Agrawal
Compound, Napier Town, Jabalpur. Thereafter the respondent left for Bhilwara in
Rajasthan where she is serving as Principal in some Christian school. Since then
she has deserted the petitioner. They have no issue from their marriage. The
petitioner's case is that in the last week of December 1982, he for the first
time came to know that the respondent was already married at the time of her
marriage with the petitioner. She had married one Mashih Prasad on 27-12-1965 at
Central Methodist Church, Ajmer. The marriage was not dissolved and the former
husband was alive at the time of the second marriage. These facts' were
suppressed by the respondent and the petitioner was defrauded in marrying the
respondent Therefore, the marriage is a nullity under Section 19(4) of the Act.
Summonses were duly served on the respondent by the ordinary process as also by
registered post but she failed to appear and remained ex-parte. Petitioner
Andrias Soni (P. W. 1) has proved his marriage with the respondent Since the
petitioner could not get a certificate of the marriage, he filed an affidavit as
required under the rule. S.M. Julias (P. W. 2) has proved the first marriage of
the respondent with Mashih Prasad in Central Methodist Church, Ajmer, on
27-12-65. The witness was present in that marriage. The respondent and Mashih
Prasad were then working in the same school at Ajmer as teachers. -Mashih Prasad
lived with the respondent in her house till December 1978 and thereafter he
disappeared The next witness Aster Mashih (P. W. 3) has deposed that she had
last seen Mashih Prasad on 27-10-1981 i.e. four months after the marriage of the
petitioner with' the respondent, while she was traveling from Delhi to Jabalpur.
Mashih Prasad had entered in her compartment at Agra station, Relying oh the
statements of these witnesses, the learned District Judge has declared the
marriage to be nullity.

   3. The respondent was ex parte before the trial Court. Notice of this
proceeding was sent to the respondent by registered post and the acknowledgment
is on record However, she failed to appear in this Court also. We have heard the
learned counsel for the petitioner and gone through the record and we are
satisfied that the marriage between the petitioner and the respondent was a
nullity under Section 19(4) of the Act since the respondent's earlier marriage
with Mashih Prasad was subsisting and the first husband was alive at the time of
the second marriage. The statements of the petitioner's witnesses have not been
challenged and they have gone unrebutted. There is no reason why these witnesses
would speak falsely against the respondent especially the two witnesses S.M.
Julias (P. W. 2) and Aster Mashih (P. W. 3). They are independent persons and
they have no axe to grind against the respondent. Ex. P. 1 is the copy of the
marriage register showing marriage of the respondent with Mashih Prasad on
27-12-1965. No evidence has been led to show that this marriage stood dissolved
when the respondent contracted the second marriage with the petitioner. Since
Mashih Prasad was alive at the time of the second marriage of the respondent
with the petitioner, the second marriage was a nullity.

   4. Therefore, we affirm the decree under Section 20 of the Act. Parties to
bear their own costs. However, the petitioner is directed to deposit paper book
cost of Rs. 16.45/-.