O.P. ARORA Vs. CHANDER KALA ARORA

JUDGEMENT

(1.) This appeal is directed against the judgment dated 23.2.1998 passed by the Additional District Judge, Delhi dismissing the appellant's petition HMA No. 72 of 1985 seeking a decree of nullity of marriage under section 11 (i) read with section 5 (1) of the Hindu Marriage Act, 1955 ('Act').

(2.) The appellant sought declaration of nullity of his marriage with respondent No. 1 on the ground that at the time of the marriage on 14.12.1978 she already stood married to respondent No. 2. According to the appellant some time in the second week of May, 1983 he learnt respondent Nos. 1 and 2 had married on 2.8.1971: that they had lived together for one and a half years in Karnal in Haryana and the said marriage had not yet been dissolved. It is the appellant's case that consequent upon this discovery, an agreement was executed on 20.5.1983 between him and respondent No. 1 whereby they had agreed to live separately and further agreed that each of them was free to marry again.

(3.) According to the respondent No. 1 all these allegations were false; the parties lived peacefully upto 1983 and they had known each other even prior to the marriage; that the appellant was in love with another girl in the same department, Ms. Madhu Saxena, and that the appellant started torturing the respondent No. 1 mentally and physically when she objected to the affair. It was further contended by the respondent No. 1 that the appellant had already married the said girl even during the subsistence of the marriage with the respondent No. 1.