JASWANT KAUR Vs. LAL SINGH AND ANOTHER

JUDGEMENT

(1.) BRIEFLY the facts of this case are as follows:

(2.) THE respondents contested the petition and inter alia pleaded that the petitioner at the time of her marriage was in very much know of their marriage, that because of knowledge the petitioner was estopped from filing the petition and that the petitioner -appellant was not entitled to any relief as she had condoned the alleged illegality. On the pleadings of the parties the following issues were framed:

(3.) MR . M.S. Jain, learned counsel appearing on behalf of the appellant contended that the finding of the learned Subordinate Judge on issue No. 2A was not maintainable. According to the learned counsel, the plea of estoppel was not available to the respondents. In order to obtain dissolution of marriage by a decree of divorce under section 13 (2)(i), the only requirement which the petitioner (appellant) had to prove was that at the time of the presentation of the petition, the other wife should be alive which fact admittedly has been proved in the instant case. Even on merits, the learned counsel contended that the onus of issue No. 2A was on the respondents and they had miserably failed to discharge that onus.