SUNITA Vs. JUGAL KISHORE

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and decree of the Additional District Judge, Yamunanagar, dated 11.8.1995 declaring the marriage to the nullity.

(2.) MARRIAGE between the parties took place on 5.6.1993 and the petition giving rise to this appeal was filed on 1.9.1993 stating that the first marriage of the respondent-husband was dissolved on 16.4.1993 and he married the appellant-wife on a representation that the previous marriage of the appellant-wife stood dissolved by a decree of divorce but later on it was learnt that the previous marriage had not been dissolved. The appellant-wife stated that her previous marriage itself was a nullity as the previous husband in the second marriage was already married and she had taken divorce from her first husband.

(3.) HAVING heard the learned counsel for the appellant, I do not find any error in the approach adopted by the trial Court. The appellant-wife was earlier married to one Ram Bhushan and the said marriage is not shown to have been dissolved. As regards her second marriage, even if it is assumed that her second husband was already married and, therefore, she was not required to obtain divorce, she was ineligible to marry the respondent-husband. I, therefore, affirm the finding of the trial Court on this aspect.