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2001 Supreme(Del) 1729

J.D.KAPOOR
ELIZABETH SKARIAH – Appellant
Versus
ABY SKARIAH – Respondent


Advocates Appeared:
NEMO K.PARASARAN, P.S.KHERA, S.KHERA

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points summarized:

  1. The case involves a suit for a permanent injunction to prevent the defendant from contracting a second marriage during the subsistence of the marriage with the plaintiff. The plaintiff is a Christian woman married to the defendant, and the suit seeks to restrain the defendant from remarrying without obtaining a valid divorce (!) .

  2. The marriage was solemnized on 21.12.1994 and was an arranged marriage. The plaintiff, originally from Kerala but domiciled in Delhi, was led to believe that the defendant was gainfully employed, but it was later found that he was dependent on his parents and not supporting the marriage financially (!) (!) .

  3. The plaintiff remitted significant amounts of money to the defendant for his support and other expenses, but faced harsh treatment, insults, and reckless demands for money. The defendant and his family exerted pressure on the plaintiff to raise additional funds, including threats of divorce and remarriage (!) (!) .

  4. The defendant filed a petition for restitution of conjugal rights, which was viewed as a tactic to lull the plaintiff into complacency while planning a second marriage. The plaintiff's apprehension of the defendant's intention to remarry was justified, especially considering the withdrawal of the petition and correspondence from the defendant’s advocate confirming his plans (!) (!) .

  5. Despite being served with summons, the defendant did not contest the proceedings and the case was proceeded ex parte. The plaintiff provided evidence including affidavits, photographs, and official documents to substantiate her claims (!) (!) .

  6. The court emphasized the importance of marital rights and the sanctity of marriage, asserting that divorce should not be easily obtainable. It highlighted that a spouse cannot unilaterally dissolve the marriage through cruelty or financial demands, and that allegations sufficient to dissolve the marriage must be proven (!) (!) .

  7. The court found that the withdrawal of the petition for restitution of conjugal rights and the letter from the plaintiff’s advocate justified the relief sought. The court decreed the suit, permanently restraining the defendant from contracting a second marriage without obtaining a lawful and valid divorce from the plaintiff (!) (!) .

  8. The final judgment underscores the principle that marriage is a valuable institution that should be preserved, and that the law requires strict proof and valid grounds for divorce. It also stresses that the sanctity of marriage and the vows taken by the parties must be maintained, and that divorce should not be granted lightly or as a result of undue pressure or misconduct (!) (!) .

Please let me know if you need further analysis or assistance with this case.


j. D. Kapoor

( 1 ) THIS is a suit for permanent injunction restraining the defendant no. 1 from contracting a second marriage during the subsistence of his marriage with the plaintiff herein and also restraining the defendant nos. 2 to 5 from taking any steps in any manner in connection with or in furtherance of the design of the said second marriage of defendant no. 1 or in any way executing or advancing the same or permitting or conniving at it.

( 2 ) THE plaintiff is Christian by religion. Though she hails from Kerala but since childhood is domiciled in delhi. She is the daughter of Pastor (Preacher) T Samuel, who is attached to the United Pentecostal Church, Green park, New Delhi for the last over thirty five years. Defendant no. 1 is the son of defendant nos. 2 and 3, while defendant no. 4 is the sister of defendant no. 1 and defendant no. 5 is the husband of defendant no. 4. The marriage of the plaintiff with defendant no. 1 was solemnised on 21. 12. 1994. It was an arranged marriage.

( 3 ) IT was told to the plaintiff s parents that defendant no. 1 was a Commerce graduate and gainfully employed. Soon after the marriage, she discovered that the defendant no. 1 was not gainfull












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