BHUPINDERJIT SINGH Vs. GURSHARAN KAUR

JUDGEMENT

(1.) The annulment of the marriage by the husband was sought on the ground that the wife had already been married and she had admitted such a matrimonial status to him. The petitioner s father also said that his daughter-in-law had admitted that she had already been married. This evidence was discarded by the trial Court as unworthy of acceptance since there was no proof of such admission. The corroborative fact urged by the husband was that she refused to consummate marriage and she was not prepared to subject herself to virginity test. This, in my view, will not lend presumption to the alleged fact that the person could have married again. The petition is sought on the ground the condition of valid marriage having been violated and hence, the petitioner was entitled to a decree of annulment of marriage, I am afraid the view cannot be different from how it has been approached by the trial Court.

(2.) I find no reason to interfere with the decision. I confirm the decree and dismiss the appeal.