JUDGMENT

Young, J. - The petitioner, Alfred Robert Jones, of Bhim Tal near Naini Tal, by his sister, Miss Edith Jones, as his next friend, prays for a decree of nullity of marriage u/s 19(3) and (4), Divorce Act, and under Sections 4 and 5(1), Christian Marriage Act, for a declaration that his marriage to the respondent is void. To the issues formerly struck under the Divorce Act, Section 19, I have added, during the course of the hearing, two other issues under the Christian Marriage Act, namely, No. 7: ''Was the alleged marriage solemnized according to the rules, rites, ceremonies and customs of the Church of Rome ? (8) Was Father Livesay authorized to perform the ceremony of marriage ?"

2. Issue 1 is: "Has this Court jurisdiction to try this suit ?" There can be no doubt that by Sections 4 and 19, Divorce Act, this Court has jurisdiction to hear the petition in so far as the issues u/s 19, Divorce Act, are concerned, namely, "Was the marriage null and void on the ground of the petitioner being an idiot at the time of the said marriage ? and, secondly, "Was the said marriage null and void on the ground that the petitioner's consent was obtained by force or fraud ?" The difficulty a