STARLET ANDERSON Vs. RAJAN KAPOOR @ GULSHAN JUNEJA

JUDGEMENT

(1.) The petitioner filed a petition under Sec. 18 of the Indian Divorce Act, 1869 (hereinafter referred to as the Act) praying that her marriage with respondent may be declared null and void. The ground for the grant of decree is that the former wife of the respondent was living at the time of marriage and the marriage with such former wife was then in force.

(2.) The petition was entrusted to the Court of Shri J.P. Singh, Addl. District Judge, Delhi. The respondent did not appear despite service and was proceeded ex parte. The petition was set down for ex parte trial. Mrs. Starlet Anderson, the petitioner appeared in the witness-box as PW-1. Mr. David Andrew who is the petitioner's sister's husband also appeared in the witness box as PW-2 and supported the case of the petitioner. On the appreciation of the evidence, the learned Addl. District Judge came to the conclusion that the former wife (Smt. Raj Rani) of the respondent was alive at the time of the second marriage and that it remained unchallenged that the earlier marriage with Smt. Raj Rani was subsisting on May 3, 1980. The learned Addl. District Judge granted the decree nisi and submitted the case for confirmation by the High Court.

(3.) Under Sec. 20 of the Act, every decree of nullity of marriage made by a District Judge has to be subject to confirmation by the High Court and the provisions of Sec. 17, Clauses (1), (2), (3) and (4) apply mutatis mutandis to such decrees. We have reviewed the entire evidence on the record. The marriage between the parties was performed on May 3, 1980 at St. Joseph Church, Sector 5, Faridabad (Haryana) according to Christian rites of ceremony. Two children, Master Benleo (Date of birth 21.6.1981) and Master Clint (Date of birth 5.6.1983) were born out of this wedlock. Mrs. Starlet Anderson deposes that the respondent deserted the petitioner on Dec. 15, 1982 without any reasonable cause and that prompted her to make enquiries about the respondent. She says that on enquiry she discovered that the respondent whose actual name was Gulshan Juneja, misrepresented to her that he was bachelor on May 3, 1980, i.e. at the time of her marriage with him, but he was already married to one Miss Raj Rani and was having two children out of that wedlock. PW-2 Mr. David Andrew corroborates that the real name of the respondent was Gulshan Juneja and that he was already married on May 3, 1980 to one Smt. Raj Rani with two children.