ASHA QURESHI Vs. AFAQ QURESHI

JUDGEMENT

(1.) This appeal under S. 29 of the Special Marriage Act, 1954 (hereinafter referred to as "Act" for short), is directed against the judgment and decree dated 14-10-1996, in Civil Suit No. 59-A/90, by Fourth Additional District judge, Jabalpur, declaring the marriage between the parties as null and void, by a decree of nullity.

(2.) Facts not in dispute are that the parties were married on 23-1-90 at Jabalpur, in accordance with the 'Act'. They lived as husband and wife for a period of about one year. Subsequently, the relations between the parties became strained and they started living separately. The respondent filed a petition under Ss. 34 and 25 of the 'Act', seeking a decree of nullity and of declaration of their marriage as null and void. It was averred by the respondent/husband that after the marriage between the parties on 23-1-90, the respondent/husband came to know that the appellant/wife was already married to one Motilal Vishwakarma. Motilal Vishwakarma had died prior to marriage of the parties. It was further averred by the respondent/husband that the fact of her marriage with Motilal Vishwakarma was suppressed by the appellant/wife, and that the respondent/husband agreed to marry her believing that she was a virgin. It was averred by the respondent/husband that the appellant/wife by suppressing from him the aforesaid fact has exercised fraud on him.

(3.) The appellant/wife denied the allegations as above. It was denied by her that she suppressed any material fact or exercised fraud. According to her, at the time of marriage of parties the respondent/husband was fully aware that the appellant/wife is a widow.