SAMUEL SHERRIFF vs RITA MOODY AND ANOTHER — 1971 PLD 215

Citation: 1971 PLD 215

Court: Lahore High Court

Year: 1970

Decision Date: 1970-05-12

Parties: SAMUEL SHERRIFF vs RITA MOODY AND ANOTHER

Headnotes

Case cited as PLD 1971 Lahore 215

Judgment Text

Court Name: Lahore High Court Judge(s): Karam Elahi Chauhan Title: SAMUEL SHERRIFF vs RITA MOODY AND ANOTHER Case No.: Civil Miscellaneous No, 4408 of 1969 Date of Judgment:1970-05-12 Reported As: PLD 1971 Lahore 215 Result: Petition dismissed JUDGMENT JUDGMENT This is an application under section 8 of the Divorce Act (IV of 1869), praying that a petition for the dissolution of petitioner's marriage pending in the Court of the learned District Judge, Lahore, may be transferred to this Court. It is argued that since in the case a prayer has been made for getting a decree of nullity of marriage on the ground that the consent of the petitioner (husband) was obtained by fraud and misrepresentation, therefore, the case was such which could be tried only by the High Court under the last portion of section 19 of the Act hereinbefore mentioned. It is true that High Court alone has jurisdiction to make a nullity decree on the ground that the consent of the parties has been obtained by force or fraud. However, I have gone through a copy of the divorce petition which was shown to me by the learned counsel for the petitioner. The gravamen of that application is that the petitioner believed that respondent No, 1 (Rita Moody) was a virgin, but later on petitioner became certain that she was already pregnant at the time of the marriage. The petition avers that the consent which was given by the petitioner to the marriage on assumption that she was a virgin is a consent obtained by fraud…

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