ROSE SIMPSON Vs. BINIMOY BISWAS

JUDGEMENT

(1.) The suit instituted by Rose Simpson the petitioner under the Indian Divorce Act is primarily for a declaration that her marriage with the respondent is a nullity. The parties profess the Christian religion. In the petition it is, inter alia, alleged that at the time of the impugned marriage on May 7th, 1955, the respondent represented to the petitioner that his prior marriage with the petitioner's eldest sister Agnes Simpson had been lawfully dissolved. Subsequently, in a suit for divorce on charges of adultery, initiated by the petitioner against her husband being Suit No. 9, 1973 (Mrs. Rose Biswas v. Binimoy Biswas) she came to know that the prior marriage of her eldest sister with her husband, the present respondent had not been dissolved. On advice the petitioner obtained leave to withdraw the said suit with liberty to institute appropriate proceedings. The present suit was caused to be filed thereafter. It is contended that inasmuch as the said prior marriage of the respondent was in force at the material time, the subsequent marriage between the petitioner and the respondent is a nullity. The parties have four boys and three girls some of whom were born before the ceremony of marriage. The eldest two daughters aged 26 years and 24 years are married and the youngest daughter is a minor aged 13 years.

(2.) In the written statement filed by the respondent it is denied that the respondent's earlier marriage was in force at the time of his marriage with the petitioner. It is contended that the present suit is false and frivolous and instituted in collusion and connivance with persons with whom, the petitioner is living in adultery.

(3.) The issues settled for trial were:-- (1) Is the marriage of the petitioner and the respondent a nullity as alleged in para 11 of the petition ? (2) To what relief, if any, is the petitioner entitled ?