CHAIN SINGH VERMA Vs. KAVITA

JUDGEMENT

(1.) THIS appeal under Section 28 of the Hindu Marriage Act is directed against the judgment and decree passed by the learned District Judge, Solan in Hindu Marriage Petition No. 15 S/3 of 97, decided on 25.10.1999 whereby the petition filed by the husband for annulment of marriage has been dismissed.

(2.) THE brief facts necessary for decision of the appeal are that the parties were married on 22nd April, 1996 at Kandaghat. It is an admitted fact that prior to this marriage the wife Kavita was married to one Nand Lal and that a daughter was born out of her wedlock with Nand Lal. The ground for annulment of marriage taken by the husband was that he had been wrongly informed by the wife and her father that the wife had been validly and legally divorced from her earlier husband Nand Lal. According to the husband in fact no such divorce had taken place. His case, therefore, is that since the wife already had a living spouse from whom she had not obtained any divorce the marriage between him and the wife is void and may be annulled.

(3.) THE learned trial Court came to the conclusion that the petitioner due to his own acts and conduct was estopped from filing the petition since he was aware about the previous marriage and divorce from the respondent. The trial Court also held that the customary divorce was prevalent and recognized in the area and that such customary divorce did take place between the wife and her previous husband Nand Lal. Aggrieved against this judgment dismissing his petition the husband filed the present appeal.