MON MOHAN KOHLI Vs. NATASHA KOHLI

JUDGEMENT

(1.) Present petition is directed against the order dated 10.03.2010 passed by the Additional District Judge, Delhi, whereby an application filed by the petitioner (husband) under Order 12 Rule 6 of the Code of Civil Procedure for passing a decree of annulment of marriage in view of admission made by the respondent (wife) in the written statement, was rejected.

(2.) Petitioner was married to the respondent on 14.11.1994 and a male child was born out of their wedlock. The petitioner has filed a petition for grant of divorce under Section 13 (1) (ia) of the Hindu Marriage Act on the ground of cruelty which petition is also pending. Meanwhile, petitioner has filed another petition for grant of decree of nullity under Section 11 of the Hindu Marriage Act in the alternate under section 12(c) of the Hindu Marriage Act for annulment of marriage on the ground of fraud.

(3.) According to the petitioner, marriage between the petitioner and the respondent is a nullity since the respondent had a subsisting marriage with one Mr.Kia Louis Boccagna, which was performed in the United States of America. It is submitted that this fact was duly admitted by the respondent in her written statement which was filed to the petition filed by the petitioner herein under Section 13 (i) (ia) of the Hindu Marriage Act, seeking divorce on the ground of cruelty. According to this petition, the petitioner had no knowledge that the marriage of Mr.Kia Louis Boccagna son of Mr.David Boccagna and the respondent was subsisting even at the time of filing of the divorce petition in the trial court. According to the petitioner, the fact regarding the actual marriage of the respondent with Mr.Kia Louis Boccagna came to the knowledge of the petitioner after he obtained the certified copy of the decree which was obtained by the respondent from the United States of America, which was received by the petitioner through a courier on 12.05.2007. According to the petitioner, the marriage between the respondent and Mr.Kia Louis Boccagna is a subsisting marriage which is borne out of the order of the Matrimonial Court at Florida, United States of America i.e. Circuit Court of the Fifteenth Judicial Circuit of Florida. In and For Palm Beach County, Juvenile and Family Division, Case No.CD 90-8251 FZ establishing that the respondent continued to be married to Mr.Kia Louis Boccagna.