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Rajasthan High Court · body

1998 DIGILAW 527 (RAJ)

Kishna v. Nana

1998-04-15

BHAGABATI PRASAD BANERJEE

body1998
Honble PRASAD, J.–The present appeal arises out of the decision given by the learned District Judge, Bhilwara in matrimonial case no.18/1994 dt. 18.1.1997. The parties went to trial on various issues. One of them, was in relation to cruelty which was held against the respondents. However, regarding issue no.2 & 3 which related to second marriage of appellant and respondent no.2, the trial Court came to the conclusion that appellant himself in his statement admitted that he has married with respondent no.2 Nosar. He has also admitted that both of them are living as husband and wife and they have three children out of their wedlock. The trial Court came to the conclusion that when husband admits that he lives with another wife and has issues out of that wedlock, then even if second marriage is not proved, this amounts to living in adultery and this gives sufficient reason to respondent no.1 to live separately and ask for dissolution of marriage. From the reading of the evidence of the appellant, this is apparent that he has categorically admitted that he is living with respondent no.2 as husband and wife and they have children out of their relationship and thus even if it falls shor of the proof of second marriage even them this situation gives right to respondent no.2 to ask for dissolution of marriage and in this light of the matter, the trial Court has committed no error in passing the decree for dissolution of marriage. I see no reason to interfere with the order of the learned trial Court. There is no force in the appeal and the same is hereby dismissed and decree passed by the learned trial Court is confirmed.