GEORGE SEBASTIAN Vs. MOLLY JOSEPHSB

JUDGEMENT

(1.) One of the incidental questions surfaced to the fore in this matrimonial dispute is the relevance of an order of annulment of marriage passed by an "Ecclesiastical Tribunal." As we cannot dispose of this case without deciding the said question, we heard counsel on both sides in extenso regarding that question.

(2.) We shall now state as to how the matter came before us. A petition was filed by one husband for a decree either for divorce or for nullity of his marriage with the respondent. Parties are Christians and they belong to Roman Catholic Church. For the decree of divorce, petitioner alleged that respondent is guilty of incestuous adultery. For the decree of nullity of marriage petitioner adopted two separate grounds. First is that respondent was insane and continued to be so till the date of marriage. Second is that respondent had a previous marriage with one Prince Joseph.

(3.) A child was born to the respondent in her wedlock with the petitioner and the child is now with its mother, the respondent.