RANJUK RANJAN DAS Vs. PRANATI KUMARI BEHERA

JUDGEMENT

(1.) This is a reference made under Section 20 of the Divorce Act, 4 of 1869 (hereinafter referred to as the 'Act') by the learned District Judge of Cuttack for confirmation of the decree of nullity of marriage between the spouces.

(2.) The husband made an application to the learned District Judge purporting to be under Section 18 of the Act and alleged that the father of the wife suppressed the fact that she had become pregnant through some other source by the time of marriage between the spouses which took place on 10th of April, 1976, and lured the husband to marry on the representation that provision would be made for him for earning livelihood. Soon after the marriage, the husband discovered the fact that his wife was already pregnant before marriage and claimed that the marriage was a nullity on the ground that the husband's consent had been obtained by fraud.

(3.) The wife remained ex parte and on the basis of the evidence given by the husband and another, the learned District Judge accepted the allegations of the husband and declared the marriage to be a nullity on account of fraud subject to confirmation of the said decree by this Court.