A marriage must be performed according to the customs and rituals of the respective religion to be considered valid.

JUDGMENT :

This appeal under Section 19(1) of the Family Courts Act, 1984, has been filed against the judgment and decree dated 28.06.2017 passed in O.S.No.06/2015 by the Principal Judge, Family Court, Tumakuru, by which the suit filed by the respondent seeking to declare that the marriage solemnized on 13.05.2014 between the parties as null and void, was allowed.

2. Brief facts giving rise to filing of this appeal are that the appellant has filed a false complaint before Kyathasandra Police alleging that the respondent was in love with the appellant since four years; she became pregnant and gave birth to a child on 10.05.2014. Subsequently, the respondent refused to marry her. It is averred that Kyathasandra Police arrested and brought the respondent to police station and forced him to marry the appellant at Mulakattamma Temple of Kyathasandra on 13.05.2014 i.e., immediately three days after appellant giving birth to a child. It is further averred that after the marriage, the respondent lived with the appellant in her parents' house for 3-4 days and left the house without intimating the appellant. It is also averred that under the threat of police, garlands have been exchanged, he never fell in love with the appellant, he has never in any illicit relationship and he is not the father of the child.

3. It is averred that, the respondent got issued the legal notice to the police and the appellant on 28.05.2014 and in spite service of the notice, the appellant neither replied nor withdrew the complaint filed by her.

4. The appellant has entered appearance before the Family Court and filed written statement by denying the allegations made in the plaint. It is averred that there was no force or coercion in the marriage as alleged by the respondent and the notice was sent with an intention to make good of illegal claim in the suit. The suit itself is not maintainable when the respondent has admitted the marriage and he ought to have taken recourse under the provisions of Hindu Marriage Act, 1955. It is further averred that the respondent fell in love with the appellant from many years and out of love, intimacy they have developed physical relationship, believing that the respondent would marry her, she continued the physical relationship and she became pregnant and gave birth to child on 10.05.2014 and after the birth of the child, at the intervention of well-wishers the marriage was performed as per the customs. There is no coercion as alleged by the respondent. It is also averred that after the marriage, the respondent left the appellant on 26.05.2014, the appellant lodged missing complaint and on 12.08.2014 gave supplementary complaint against the respondent. It is contended that the DNA test established that respondent is the biological father of the child, viz., Pruthvi. The respondent even though has legally married the appellant, has filed a suit with an intention to cause loss and hardship to the appellant.

5. The Family Court on the basis of pleading and evidence, framed the issues and recorded the evidence. The appellant examined herself as DW.1 and another witness as DW.2 and marked Exs.D-1 to D-6. The respondent examined himself as PW.1 and another witness as PW.2 and marked Exs.P-1 to P-7. The Family Court based on the evidence adduced by the parties vide judgment dated 28.06.2017 decreed the suit in favour of respondent. In the aforesaid factual matrix the present appeal has been filed.

6. Learned counsel for the appellant submits that the respondent fell in love with the appellant. Out of love and intimacy, they have started physical relationship, the appellant became pregnant and gave birth to a male child on 10.05.2014. Thereafter, the panchayat was held with the intervention of elders and well-wishers, the appellant and respondent have married as per the customs and rituals and the allegation that the parties have exchanged the garlands under the threat of Kyathasandra Police is without any basis. It is submitted that im