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2013 Supreme(Bom) 2443

U.V.BAKRE
Melissa Monica Fernandes – Appellant
Versus
Thomas Aquino Vincent Serrao – Respondent


Advocate Appeared
For the Appellant:M.B. D'Costa, Senior Advocate with Ms. Karishma Betquikar, Advocate.
For the Respondent:Sudin. Usgaonkar, Ms. A. Shirodkar, Advocates.

JUDGMENT

Heard Mr. D'Costa, learned Senior Counsel for the Appellant and Mr. Usgaonkar, learned counsel for the respondent.

2. Admit on the following substantial questions of law:

(i) Whether in a suit for annulment of marriage on the ground of coercion it is mandatory to examine the person who has exercised coercion?

(ii) Whether the District Court committed an error in law in reversing the judgment and decree of the trial Court by just taking a different view of the matter?

3. Learned counsel appearing on behalf of the respondent waives service of notice after admission. By consent of the learned counsel for the parties, heard forthwith.

4. This appeal is directed against the judgment and decree dated 14/1/2012 passed by the Learned Civil Judge, Senior Division, Panaji, in Matrimonial Petition No.16/2009/A.

5. The said Matrimonial Petition was filed by the respondent against the appellant, herein. The parties shall hereinafter be referred to in the manner in which they are designated in the said Matrimonial petition.

6. The plaintiff had filed the said Matrimonial Petition, under Articles 18 and 21 of the Law of marriage/Family Laws as applicable to the State of Goa, for declaration tha



























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