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Judgment
Adarsh Kumar Goel, J.—This appeal has been preferred against the judgment and decree of the Additional District Judge, Yamunanagar,
dated 11.8.1995 declaring the marriage to the nullity.
Marriage between the parties took place on 5.6.1993 and the petition giving rise to this appeal was filed on 1.9.1993 stating that the first
marriage of the respondenthusband was dissolved on 16.4.1993 and he married the appellantwife on a representation that the previous marriage of
the appellantwife stood dissolved by a decree of divorce but later on it was learnt that the previous marriage had not been dissolved. The
appellantwife stated that her previous marriage itself was a nullity as the previous husband in the second marriage was already married and she had
taken divorce from her first husband.
The trial Court found that the appellantwife was unable to prove the divorce from the first marriage and, therefore, marriage with the respondent
husband was a nullity.
Having heard the learned counsel for the appellant, I do not find any error in the approach adopted by the trial Court. The appellantwife was
earlier married to one Ram Bhushan and the said marriage is not shown to have been dissolved. As regards her second marriage, even if it is
assumed that her second husband was already married and, therefore, she was not required to obtain divorce, she was ineligible to marry the
respondenthusband. I, therefore, affirm the finding of the trial Court on this aspect.
However, I find force in the contention of the learned counsel for the appellant that the respondenthusband having married the appellantwife
without any misrepresentation or fraud by her, could not file a petition for annulling the marriage as it would amount to taking advantage of his own
wrong. In view of this submission, I find that the decree granted by the trial Court cannot be sustained.
Accordingly, this appeal is allowed and the decree granted by the trial Court is set aside and the petition for nullity of marriage filed by the
respondenthusband is dismissed.