BALAKRISHNA MENON, J.

The petitioner Jose and the 1st respondent Alice both Roman Catholic Christians - were married according to their religious rites on 15-1-1981 in the Santhipuram Church. The marriage was solemnized by a minister of the Roman Catholic Church according to the rules, rites, ceremonies and customs of the church. It is not disputed that the minister had received episcopal ordination and was competent to solemnize the marriage under sub-sec. (1) of S. 5 of the Indian Christian Marriage Act, 1872. After marriage the couple resided in the house of the petitioner for 2 1/2 months. During the course of their stay together the petitioner suspected the chastity of the wife. According to him she was pregnant even at the time of the marriage. The pregnancy was terminated at the instance of the petitioner and the respondent wife was left at her parents house. The petitioner thereafter filed an application before the Archdiocesan Tribunal, Ernakulam to declare the marriage as null and void and the Tribunal by Ext. D1 decree granted a declaration as prayed for. The matter was taken in appeal before the Eparchial Tribunal, Trichur and as per its order Ext. D2 the dec