The court affirmed that a second marriage is void if the first marriage is subsisting as per the provisions of the Indian Christian Marriage Act, 1872.

1. Challenge in this Second Appeal is to the judgment and decree dated 20/9/85 passed by Second Additional District Judge, Bilaspur in civil appeal No. 24 - A / 1982 affirming the judgment and decree of dismissal of suit dated 22/3/82 passed by First Civil Judge Class - 2, Bilaspur in civil suit No. 17 - A / 82 where by learned First Civil Judge Class - 2, Bilaspur has dismissed a suit for possession of the suit land (house).

2. The present second appeal is admitted for consideration on following substantial question of law.
"Whether the Courts below were right in holding that the marriage of the appellant Alfred was void under the facts and circumstances of the case?".

3. As per pleading of the parties original appellant since deceased and represented through his heirs were Christian and as per his claim he was married to Mst. Mahmooda one Muslim woman but both the Courts below dismissed the claim Mst. Mahmooda was his legally wedded wife.

4. Learned counsel for the parties are heard.

5. Judgment and decree impugned and copy of other documents perused.

6. In the present case, original records of both the Courts below were lost and by the assistance of both the parties file was reconstituted.

7. Learned counsel for the appellants vehemently argued that ocular and documentary evidence adduced both the parties are sufficient to prove the fact that Mst. Mahmooda was legally wedded wife of deceased Alfred alias Alfi and one Smt. Joshephine was not his legally wedded wife. She was simply concubine wife and son born out of the wedlock of Alfred alias Alfi, Jani was not legitimate son of the Alfred alias Alfi.

8. Learned counsel for the appellants heavily relied upon the documents i.e. copy of civil suit filed on behalf of the respondents including Mst. Mahmooda as wife of Alfred alias Alfi vide Ex. D - 1. Copy of judgment showing Mst. Mahmooda as wife of Alfred alias Alfi vide Ex. D - 2. Copies of order sheet of criminal case vide Ex. D - 3. Marriage Certificate (Baptism Certificate) vide Ex. D - 5 showing the Alfred alias Alfi as a husband of the Mst. Mahmood vide Ex. D - 6. Death certificate vide Ex. D - 10 of Mst. Mahmooda showing that as a wife of Alfred alias Alfi and submits that these all documents including Ex. D - 1 filed by the respondents prior to filing present civil suit clearly establishes that Mst. Mahmooda is a wife of Alfred alias Alfi.

9. On the other hand, learned counsel for the respondents vehemently opposed the appeal and submits that Alfred alias Alfi was previously married but one Smt. Joshephine and out of their wedlock one son Jani was born. Polygamy is not permitted under the Christian law and during substance of first marriage Christian man is not permitted of second marriage. This is not a case of Mohhamadan man competent to solemnized 4 marriages. Definitely, in Exs. D - 1 & D - 2 Mst. Mahmooda has shown a wife of Alfred alias Alfi but in that case legality of marriage between Mst. Mahmooda and Alfred alias Alfi was not in dispute and virtually Mst. Mahmooda was second wife of Alfred alias Alfi when the legality of the marriage between Mst. Mahmooda and Alfred alias Alfi was disputed then both the Courts below has rightly decided controversy relating to legality of marriage of Alfred alias Alfi with Mst. Mahmooda.

10. For decision of this second appeal, only substantial issue is remain for consideration that whether both the Courts below were rightly in holding that marriage of the appellant Alfred alias Alfi was void under the facts and circumstances of the case. Alfred alias Alfi was Indian Christian and the Indian Christian Marriage Act, 1872 was applicable to Alfred alias Alfi. As per S.6