JUDGMENT T.P. Sharma, J. 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 alleged since deceased, represented through his heirs was Christian and as per his claim he was married to Mst. Mahmooda one Muslim woman but both the Courts below dismissed the claim that 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 Smt. Joshephine was not his legally wedded wife. She was concubine wife and son born out of the wedlock of Alfred alias Alfi and Smt. Joshephine 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 Exh. D-1. Copy of judgment showing Mst. Mahmooda as wife of Alfred alias Alfi vide Exh. D-2. Copies of order sheet of criminal case vide Exh. D-3. Marriage Certificate (Baptism Certificate) vide Exh. D-5 showing the Alfred alias Alfi as a husband of the Mst. Mahmooda vide Exh. D-6. Death certificate vide Exh. D-10 of Mst. Mahmooda showing that as a wife of Alfred alias Alfi and submits that these all documents including Exh. D-1 filed by the Respondents prior to filing present civil suit clearly establishes that Mst. D-5 showing the Alfred alias Alfi as a husband of the Mst. Mahmooda vide Exh. D-6. Death certificate vide Exh. D-10 of Mst. Mahmooda showing that as a wife of Alfred alias Alfi and submits that these all documents including Exh. 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 with Smt. Joshephine and out of their wedlock one son Jani was born. Polygamy is not permitted in Christian law. During subsistence of first marriage Christian man is not permitted for second marriage. This is not a case of Mohhamadan man competent to solemnize 4 marriages. Definitely, in Exhs. D-1 and 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 questioned 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 remain for consideration is 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. As per Section 60 of the Indian Christians Marriage Act, 1872 the condition required for valid marriage of Christian was that at the time of such marriage he or she must not have wife or husband still living. Section 60 of the Indian Christian Marriage Act, 1872 reads as follows: 60. As per Section 60 of the Indian Christians Marriage Act, 1872 the condition required for valid marriage of Christian was that at the time of such marriage he or she must not have wife or husband still living. Section 60 of the Indian Christian Marriage Act, 1872 reads as follows: 60. On what conditions marriages of Indian Christians may be certified.-- Every marriage between Indian Christians applying for a certificate, shall, without the preliminary notice required under Part III, be certified under this Part, if the following conditions be fulfilled, and not otherwise: (1) the age of the man intending to be married shall not be under twenty-one years, and the age of woman intending to be married shall not be under eighteen years; (2) neither of the persons intending to be married shall have a wife or husband still living; (3) in the presence of a person licensed under Section 9, and of at least two credible witnesses other than such person, each of the parties shall say to the other-- I call upon these persons here present to witness that, I, A.B., in the presence of Almighty God, and in the name of our Lord Jesus Christ, do take thee, C.D., to be my lawful wedded wife or husband" or words to the like effect. 11. In the present case, it is not disputed that Smt. Joshephine was residing since long time together with Alfred alias Alfi as his wife and out of their marital relation, Jani was born. Factum of valid marriage with Smt. Joshephine was denied by the Alfred alias Alfi. In the present suit, Alfred and Mrs. Alfred were Defendants. Alfred alias Alfi had received the summon for Mrs. Alfred shows that she was residing with the Alfred alias Alfi. She was best witness to unfold the real story and to establish the fact that she was concubine of Alfred alias Alfi and she was not legally wedded wife of Alfred alias Alfi but reasons best known Alfred alias Alfi has not examined her as a witness. 12. On the other hand, Alfred alias Alfi has not filed any document in his support to show that Smt. Joshephine was his concubine. In these circumstances, Court below has rightly held that during alleged claim of marriage with Mst. 12. On the other hand, Alfred alias Alfi has not filed any document in his support to show that Smt. Joshephine was his concubine. In these circumstances, Court below has rightly held that during alleged claim of marriage with Mst. Mahmooda, Alfred alias Alfi was having wife Smt. Joshephine who was alive therefore, in terms of Section 60 of the Indian Christian Marriage Act, 1872 during subsistence of first marriage of Alfred alias Alfi with Smt. Joshephine the second marriage with Mst. Mahmooda was void. Consequently, substantial question of law formulated for this second appeal is decided as positive. On the basis of finding of substantial question of law formulated for decision of this second appeal, second appeal is liable to be dismissed and is hereby dismissed. 13. Appellants shall bear their own cost of civil suit as well as both the appeals and also bear the cost of Respondents. 14. Advocate fee as per schedule. 15. Decree be drawn up accordingly.