R. Basant. J.

Mat. Appeal No.75 of 2008:

(i) Has not the appellant succeeded in proving that his wife/the respondent was pregnant through another when she entered matrimony with him?

(ii) Is he not entitled for a decree of nullity of marriage under Section 19 of the Divorce Act on the ground that his consent for marriage is vitiated by fraud?

(iii) Is it fair, just and reasonable to expect him to produce still better evidence to substantiate his claim?

These questions are raised for our consideration by Sri.S. Sreekumar, the learned senior counsel for the appellant in this appeal.

2. Facts are simple. Parties are Christians by religion. Theirs was a traditional arranged marriage in accordance with the customary religious rites. The betrothal took place on 05-05-2003. The marriage was solemnized on 17-05-2003. They lived together with ample opportunity for physical access after their marriage. It was realised that she was pregnant. Doctor was consulted. Urine test confirmed pregnancy. USG scan was taken on 26-06-2003. It showed that the gestational age of the foetus was 61 days (8 weeks and 5 days) on 26-06-2003. She gave birth to a healthy baby on 06-01-2004. The husba