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1987 Supreme(Ker) 112

THOMAS
GABRIEL ANTONY – Appellant
Versus
THRESSYA GRACY – Respondent


Judgment :-

1. This revision raises a nice, but important question as to the interpretation of S.19 of the Indian Divorce Act, 1869 (for short 'the Act').

2. The revision arises from a proceeding under S.125 of the Code of Criminal Procedure (for short 'the Code'). The facts are these: A husband learnt a few months after his marriage that his wife was pregnant at the time of marriage. The wife gave birth to a full grown child about seven months after the marriage. As the husband refused to maintain the wife and child, a claim was made against him by the wife for maintenance allowance under S.125 of the Code. The claim was resisted by the husband contending, inter alia, that his marriage was null and void ab into since his consent for marriage was obtained by fraud in that the wife concealed the vital information from aim that she was pregnant through another man. His further case is that the wife had confessed to him later, after marriage, that she was pregnant at the time of marriage through another person. The Chief Judicial Magistrate accepted the contention and held that the marriage has no validity under law. Consequently the wife was non-suited. The Sessions Judge, in revision




















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