C.P. Sen, J.@mdashThis is for confirmation of the decree for nullity of marriage u/s 19(4) of the Indian Divorce Act, 1869, which requires to be
confirmed u/s 20 of the Act.
2. The parties are Christians and they were married on 27-6-1981 as per rites and ceremonies in their community at Ajmer. After the marriage, the
respondent came to live with the petitioner at Jabalpur on 30-6-1981 and both of them lived together as husband and wife for 15 days in the
petitioner''s house in Agrawal Compound, Napier Town, Jabalpur. Thereafter the respondent left for Bhilwara in Rajasthan where she is serving as
Principal in some Christian school. Since then she has deserted the petitioner. They have no issue from their marriage. The petitioner''s case is that
in the last week of December 1982, he for the first time came to know that the respondent was already married at the time of her marriage with the
petitioner. She had married one Mashih Prasad on 27-12-1965 at Central Methodist Church, Ajmer. The marriage was not dissolved and the
former husband was alive at the time of the second marriage. These facts'' were suppressed by the respondent and the petitioner was defrauded in
marrying the respondent Therefore, the marriage is a nullity u/s 19(4) of the Act. Summonses were duly served on the respondent by the ordinary
process as also by registered post but she failed to appear and remained ex-parte. Petitioner Andrias Soni (P. W. 1) has proved his marriage with
the respondent Since the petitioner could not get a certificate of the marriage, he filed an affidavit as required under the rule. S.M. Julias (P. W. 2)
has proved the first marriage of the respondent with Mashih Prasad in Central Methodist Church, Ajmer, on 27-12-65. The witness was present in
that marriage. The respondent and Mashih Prasad were then working in the same school at Ajmer as teachers. -Mashih Prasad lived with the
respondent in her house till December 1978 and thereafter he disappeared The next witness Aster Mashih (P. W. 3) has deposed that she had last
seen Mashih Prasad on 27-10-1981 i.e. four months after the marriage of the petitioner with'' the respondent, while she was traveling from Delhi to
Jabalpur. Mashih Prasad had entered in her compartment at Agra station, Relying oh the statements of these witnesses, the learned District Judge
has declared the marriage to be nullity.
3. The respondent was ex parte before the trial Court. Notice of this proceeding was sent to the respondent by registered post and the
acknowledgment is on record However, she failed to appear in this Court also. We have heard the learned counsel for the petitioner and gone
through the record and we are satisfied that the marriage between the petitioner and the respondent was a nullity u/s 19(4) of the Act since the
respondent''s earlier marriage with Mashih Prasad was subsisting and the first husband was alive at the time of the second marriage. The statements
of the petitioner''s witnesses have not been challenged and they have gone unrebutted. There is no reason why these witnesses would speak falsely
against the respondent especially the two witnesses S.M. Julias (P. W. 2) and Aster Mashih (P. W. 3). They are independent persons and they
have no axe to grind against the respondent. Ex. P. 1 is the copy of the marriage register showing marriage of the respondent with Mashih Prasad
on 27-12-1965. No evidence has been led to show that this marriage stood dissolved when the respondent contracted the second marriage with
the petitioner. Since Mashih Prasad was alive at the time of the second marriage of the respondent with the petitioner, the second marriage was a
nullity.
4. Therefore, we affirm the decree u/s 20 of the Act. Parties to bear their own costs. However, the petitioner is directed to deposit paper book
cost of Rs. 16.45/-.