TARA DEVI Vs. PREM SINGH

JUDGEMENT

(1.) APPELLANT -wife sought the dissolution of marriage between the parties by a decree of divorce mainly on the ground that at. the time of her marriage with the respondent, the husband had a spouse living which rendered the marriage viodable at the instance of the appellant. It was submitted that the respondent -husband had represented that he was unmarried and belonged to a chib Rajput family. It is further stated that the appellant was lured to marry the respondent by his mis -representations. Petition was resisted on various grounds including a preliminary objection to the effect that the petition was not maintainable. Preliminary objection was over -ruled by the trial court vide its order dated 10 -9 -1985 and the following issues were framed thereafter :

(2.) THE petitioner examined Krishen Chand, Ram Dass, and Manshi Ram as her witnesses. Respondent produced Feroz Din, Badri Nath and Jangroo as his witnesses. Both the parties also appeared in the court in support of their claims. The trial court after appreciating the evidence led by the parties and relying upon a divorce deed produced in the case held that the respondent -husband was not having a spouse living at the time of the marriage and was competent to solemnize the marriage with petitioner. The learned trial court relied upon the divorce deed produced by the respondent holding that the same had been executed as authorised by Custom which was recognized by section 36 of the J&K Hindu Marriages Act. Feeling aggrieved against the order of dismissal of her petition, the wife has filed this appeal in this court.

(3.) I have heard the learned counsel for the appellant and have perused the record. No one has appeared for respondent.