BEST MORNING Vs. NIRMALENDU

JUDGEMENT

(1.) In this reference the decree nisi granted by the Additional Deputy Commissioner, Jaintia Hills District Jowai dated 28-8-86 in Divorce Suit No. 1 of 1986 declaring the marriage between the petitioner and the respondent null and void under S.19 of the Indian Divorce Act, 1869, for short 'the Act', has come up for confirmation under S.20 of the Act.

(2.) The petitioner Smt. Best Morning Khongthohrem's case is that she was married to respondent Sri Nirmalendu Deb, then a widower, on 28-12-77 at the Church of Epiphany, Mawlynnong village according to the Christian rites. The ceremony was solemnised by Rev. Huxly B. Syngoh who issued the marriage certificate, Ext. I. After the marriage the parties lived and co-habited together at the Government quarter, Civil Hospital Compound, Jowai, where the respondent was posted as Pharmacist, for more than 6 years, but they had no issue. In the month of May, 1983 the respondent informed the petitioner that there was no possibility of her bearing any child from him as he had already undergone vasectomy operation prior to their marriage. The petitioner considered herself to have been cheated by the respondent in not disclosing this information prior to their marriage and, accordingly she left the respondent's house and had since been living with her parents at Mawlynnong village. She filed a petition on 2-7-86 for declaration that her marriage with the respondent was null and void by reason of, what she called, respondent's incompetency to enter into the pretended marriage by reason of his impotency on account of the said vasectomy operation, and on ground of cheating.

(3.) The petitioner examined herself and another witness. The respondent appeared before the Court and stated that he did not want to contest the suit. The petitioner's case was amply corroborated by her witness No. 1 U.Y. Khonglam who also said that since 1983 the petitioner had been living with her parents and she was working there as a school teacher.