PANNO Vs. MAKHOLI RAM

JUDGEMENT

(1.) This is a wife's ap; peal against the judgment of Shri Jai Chand Malhotra, District Judge, Kangra Division at Dharamsala, dismissing her petition for a decree of nullity of marriage under Section 11 or in the alternative for judicial separation under Section 10 of the Hindu Marriage Act (referred to as the Act).

(2.) The parties were married on 28th April, 1969. Sometimes in 1971 the wife made a petition under Section 11 of the Act for a declaration that the marriage was null and void since it contravened the provisions of Section 5 (i) of the Act. It appears that on 6th May, 1972 the petitioner was absent while the husband was present. The result was that the petition was dismissed.

(3.) Another petition was made on 20th December, 1972. This petition was also filed under Section 11 of the Act. It was alleged by the petitioner that at the time of her marriage the husband had another wife named Atti. The husband admitted that he had married Shrimati Atti but averred that she was not his wife at the time of his marriage with the petitioner. The dismissal of the previous petition was set up as a bar to the present petition.