BIMLA BAI Vs. SHANKERLAL

JUDGEMENT

(1.) THIS is a second appeal by the plaintiff whose suit for a declaration that her marriage with defendant -respondent Shankarlal was null and void has been dismissed by the lower appellate Court. The marriage is being sought to be set aside on the ground of fraud. The trial Court found the allegations proved and decreed her suit, The lower appellate Court however found that there was no misrepresentation amounting to fraud as alleged which could warrant the setting aside of the marriage in question.

(2.) THE facts which are not in dispute may shortly be stated as follows : The plaintiff Bimla Devi and the defendant Shankarlal went through a ceremony of marriage according to Hindu rites at Jabalpur on 28 -2 -1952. The plaintiff is the legitimate daughter of one Mmmalal Dube, a Kanva -kubja Brahmin, while the defendant Shankarlal is the illegitimate son of the defendant -respondent Kundanlal, also a Kanyakubja Brahmin, but born of an adulterous intercourse with a Kurmi woman defendant -respondent Godawaribai. The said Godavaribai had left her husband and came in the exclusive keeping of Kundanlal whose mistress she has been ever since. The defendant -respondent Shankarlal is thus an illegitimate son of the defendant -respondent Kundanlal.

(3.) THE trial Court believed the evidence of the plaintiff's witnesses and came to the conclusion that it was satisfactorily established that the defendant -respondent Kundanlal and his brother Imratlal had falsely represented to Munnalal that they were pure Brahmins and that Shankarlal was the son of Kundanlal, that he (Shankarlal) was also a Brahmin and that he had no mistress in his keeping. The defendant's evidence to the contrary that he had informed them the true position was not believed. It also found that at the time of the marriage, the defendant -respondent Shankarlal falsely represented that he was a pure Brahmin. It further found that the manage had never been consummated.