MARIA MONICA D'SOUZA Vs. MARTIN SANTAN DIAS

JUDGEMENT

(1.) THE petitioner is a wife of the Respondent and their marriage was solemnized on 16th January, 1985, at St. Theresa's Church, Bandra, (West) Bombay according to Roman Catholic religious rites. The Petitioner claims that at the time of the said marriage, who was not aware of that the Respondent was already married to one Liberata. Later on, it was disclosed that he was married to Liberata in 1984 and that said marriage was subsisting when her marriage with the Respondent took place in 1985. She, therefore, claims that her marriage with the Respondent is a nullity in view of the fact that the Respondent's former wife was living at the time of her marriage with him and that the said first marriage was subsisting on the day of her marriage with the Respondent. The wife has also produced extract of certificate of her marriage with the Respondent and also a certified copy of an Agreement of Marriage between Liberata and the Respondent.

(2.) THE Respondent though is duly served, did not appear before the Court and hence the Petition is proceeded ex parte.

(3.) IN the result, the wife has established that her marriage with the Respondent is a nullity and she is entitled to the said declaration. Hence, the Order :