RAJESH FRANCIS Vs. PREETHI ROSLIN

JUDGEMENT

(1.) (i) Has not the appellant succeeded in proving that his wife / the respondent was pregnant through another when she entered matrimony with him

(2.) Facts are simple. Parties are Christians by religion. Theirs was a traditional arranged marriage in accordance with the customary religious rites. The betrothal took place on 05/05/2003. The marriage was solemnized on 17/05/2003. They lived together with ample opportunity for physical access after their marriage. It was realised that she was pregnant. Doctor was consulted. Urine test confirmed pregnancy. USG scan was taken on 26/06/2003. It showed that the gestational age of the foetus was 61 days (8 weeks and 5 days) on 26/06/2003. She gave birth to a healthy baby on 06/01/2004. The husband and his relatives entertained a serious doubt whether the respondent / wife had actually conceived in her relationship with the appellant. It allegedly dawned on them that the respondent / wife must have been pregnant through another on the date of her marriage with the appellant.

(3.) The appellant on 16/01/2004 filed a petition for declaration of nullity under S.18 of the Divorce Act on the ground that his consent for marriage was vitiated by fraud. He was not aware of the fact that she was pregnant through another on the date of his marriage. He would not have consented if this information were revealed / available to him. He prayed that his marriage may be declared to be null and void.