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

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Fiji Islands - Lal v Prasad - Pacific Law Materials

I HIGH COURT OF FIJI

(AT SUVA)

FAMILY JURISDICTION

Matrimonial Cause HBD 7 OF 1999

Between:

ass=MsoNormal alal align=center style="text-align: center; margin-top: 1; margin-bottom: 1"> SHALY LATA LAL

(f/n Mahesh Prasad)

Petitioner

and

NARENDRA PRASAD

(f/n Shanti Prasad)

Respondent

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

No appearance by the Respondent

JUDGMENT

The Petitioner seeks a decree of nullity of marriage on the ground thform of marriage gone throuthrough 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. vidence, and in particularcular the documentary evidence was very poorly presented. The only orl document tend tendered was the Petitioner’s Certificate of Marriage. All the other ents are poptocopies (some some of them very unclear) which were tendered on the basis that they were received by the Petitioner from the ndent “who wants a divorce”. Aptly no effort at all wasl was made to obtain certifiedified true copies of these documents from the Ontario Court House which issued the originals. This is mosatisfactory andy 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’dence including the receipt by her from the Respondent of t of the documents tendered. I also a the evidence give given by her that she never cohabited with the Respondent.

ass=MsoNormoNormal style="text-align: justify; margin-top: 1; margin-bottom: 1"> A decree nisi will issue and I certify that there are no children offamily.

M.D. Scott

Judge

19 September 00

ass=MsoNormal align=right style="text-align: right; margin-rgin-top: 1; margin-bottom: 1"> HBD007J.99S


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