Suppresion of material fact of first Marriage by wife,Husband is entitled to get decree of Nullity
Appellant Smt. Asha Qureshi (N.A.W. 1) has admitted that she was married earlier before she married the respondent. She however, further states that about 8 years back when she befriended the respondent/husband, she had told him that she was married and that she was a widow from her childhood. It is however, noticed that the statement as above of the appellant/wife is not supported by her pleadings. The appellant/wife in her written statement nowhere specifically averred that she had intimated the respondent/husband about her marriage. In para 5 of her written statement, she had vaguely asserted that the present respondent/ husband was aware that the appellant was a widow. However, as mentioned above, she did not plead that she herself informed the respondent about her earlier marriage, prior to marriage with the respondent/husband. It may also be noticed that the appellant Smt. Asha Qureshi (N.A. W. 1) has earlier stated that the respondent came to know from her neighbours that she was a widow and then making an improvement has later stated that she herself informed the respondent about the above fact. As noticed above, the later statement of the appellant is not supported by her pleadings and does not appear to be reliable.
