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2010 Supreme(Kar) 840

K.L.MANJUNATH, B.MANOHAR
Maria Philomena Furtado – Appellant
Versus
Austin Furtado – Respondent


Advocates appeared:
For the Petitioner:Vasanth V. Fernades, Advocate.
For the Respondent:A. Keshava Bhat, Advocate.

Judgment :-

The appellant is challenging the legality and correctness of the order passed by the Prl. Civil Judge (Sr.Dn.), Mangalore dated 16.9.2005 in M.C.No.75/2000. Respondent filed a petition under Secs.24 & 25 of the Special Marriage Act R/w Sec.18 of the Indian Divorce Act. According to the petition averments, petitioner and respondent are closely related. Mother of the petitioner and mother of the respondent are direct sisters and they agree to marry each other as per Christian rites and customs on 28.7.1987. Betrothal function was also held. On account of the difference of opinion arose between them, marriage could not be solemnized. As per the terms of the betrothal function, marriage should have been solemnized within six months from the date of engagement. Since marriage was not held within six months, engagement got cancelled and thereafter petitioner started living as a bachelor.

2. In the year 1994, petitioner met the respondent in a funeral ceremony of a relative Mr.Alphanso Pinto and after the funeral ceremony respondent informed the petitioner that still she is a spinster and requested the petitioner to forget all the differences and to give a life to her. Believi






















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