Lal v Prasad [2000] FJHC 102; Hbd007J.1999S (19 September 2000)

Fiji Islands - Lal v Prasad - Pacific Law Materials

IN THE HIGH COURT OF FIJI

(AT SUVA)

FAMILY JURISDICTION

Matrimonial Cause HBD 7 OF 1999

Between:

SHALY LATA LAL

(f/n Mahesh Prasad)

Petitioner

and

NARENDRA PRASAD

(f/n Shanti Prasad)

Respondent

G.P. Lala with B. Solanki for the Petitioner

No appearance by the Respondent

JUDGMENT

The Petitioner seeks a decree of nullity of marriage on the ground that a form of marriage gone through by her with the Respondent on 1 April 1997 was void by virtue of the fact that the Respondent was still married to one Sarita Prasad.

The Petitioner was the only witness. The evidence, and in particular the documentary evidence was very poorly presented. The only original document tendered was the Petitioner’s Certificate of Marriage. All the other documents are photocopies (some of them very unclear) which were tendered on the basis that they were received by the Petitioner from the Respondent “who wants a divorce”. Apparently no effort at all was made to obtain certified true copies of these documents from the Ontario Court House which issued the originals. This is most unsatisfactory and I had carefully to consider whether I should allow their production on this basis, particularly in a suit of this nature.

I do however accept the Petitioner’s evidence including the receipt by her from the Respondent of the documents tendered. I also accept the evidence given by her that she never cohabited with the Respondent.

A decree nisi will issue and I certify that there are no children of the family.

M.D. Scott

Judge

19 September 00

HBD007J.99S