( 1 ) THE petitioner appellant brought a petition for annulment of the marriage with opposite party and in any case for dissolution of marriage with opposite party. The main stand of the petitioner was that the opposite party was divorcee, having married to one Yogesh Kumar earlier and this fact was suppressed from the petitioner and his parents, and had it been known to them they would have not gone for marriage and there has been a fraud. According to the petitioner, he first came to know of this earlier marriage and divorce in April 1979. It would appear that the couple later parted and respondent ceased to live with the petitioner. The case of the appellant is that this happened near about 4-9-1979. The case of the respondent is that she lived with the petitioner up to 15-9-1979. Respondents further stand was that as there was marriage in petitioners family invitation card was sent and the husband also rang the wife and even after institution of the suit, which had been filed on 18-12-1979, the respondent again returned back to the petitioner on 3-3-1980 and cohabited and lived with him up to 27-6-1980. The petitioner of course denies this. The petitioners fur