D MICHAEL RAJU Vs. SARAH JANAKI

JUDGEMENT

(1.) This is a petition under S.19 of the Divorce Act 1869 (hereinafter referred to as the Act). The marriage between the petitioner and the respondent was solemnised on 13-5-1970 at Vijayawada. They are Indian Christians.

(2.) The case of the petitioner is that he had sexual intercourse with the respondent only after the marriage took place. But it transpired that the respondent gave birth to a normal child on 22-10-1970 and that he was not responsible for the birth of the child. It is urged that thei faqt that the respondent was pregnant at the time of the marriage was fraudulently concealed from the knowledge of the petitioner and hence the marriage was a nullity. On the basis of the above allegations the petitioner has filed this petition requesting the Court to declare the marriage between the parties as a nullity.

(3.) The respondent has remained absent in these proceedings and the proceedings have gone on in her absence. In support of his case the petitioner has examined three witnesses including himself.