SUNNY REBEIRO Vs. QUEROBIN REBEIRO

JUDGEMENT

(1.) SUNNY Rebeiro(petitioner)filed this petition under S.18 and 19 of the Indian Divorce Act for declaring the marriage with his wife,the respondent,as null and void.

(2.) THE allegations in the petition briefly are the following:The marriage between the petitioner and the respondent was held on 12th August 1979 at the St.Antony's Church,Santacruz,Bombay,as per the Christian religious rites.After the marriage the petitioner and the respondent resided at Bombay and a child was born cut of that wedlock on 4th July 1980.On 31st July 1980 the petitioner left for Gulf taking job abroad leaving the petitioner and the child at Bombay and thereafter he used to come on leave once in two years.In 1996 he returned to India and shifted their residence to Nazareth,Cochin,his place of birth,and they settled there.Soon the respondent started demanding to go back to Bombay and in 1997 the respondent left the petitioner and went to Bombay.Thereafter the petitioner and the respondent were living separately and all bis attempts to bring back the respondent to Cochin were in vain.The petitioner thereafter started enquiries about the reasons why the respondent had gone back to Bombay and it revealed that the respondent had given birth to a son before the marriage and the above fact was not disclosed to the petitioner.Had the respondent disclosed the above fact prior to the marriage,he ought not have consented for the marriage and the above fact came to his knowledge only during July,2000.As the petitioner and the respondent lived together lastly at Cochin,this Court has jurisdiction to entertain this petition and thus the petitioner has prayed for declaring the marriage as null and void.

(3.) THE petitioner was examined as P.W.1 and Ext.A -l was marked.The learned Counsel for the petitioner and the respondent were heard.