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2000 Supreme(Guj) 306

Gujarat High Court
Judgename :M.S.Shah
LILLYKUTTY MATHEW - Appellant
Versus
C.J.SIMON - Respondent
PETITION UNDER CHRISTIAN MARRIAGE ACT3 of 1999
Decided On : 04/20/2000

Advocates Appeared: K.K.NAYAR, RANI ADVANI

Headnote:

Indian Divorce Act, 1869 - Section 19 (1) - Decree of nullity of marriage - Petition filed by a Christian wife for a decree of nullity of marriage with the respondent, also a Christian, particularly on the ground that the consent of the petitioner for the marriage in question with the respondent was obtained by fraud - Held, It is not necessary to reiterate that discussion - As far as the first part of the submission is concerned, the matter is no longer res integra and that marriage between the parties creates civil rights and the ecclesiastical tribunals have no jurisdiction to annul marriages involving the civil rights of parties - A Christian marriage can be declared null and void only by a decree of Court as provided for in Sections 18 and 19 of the Divorce Act - As already indicated earlier in this judgment, Section 19 of the Act expressly saves the jurisdiction of the High Court to pass a decree of nullity of marriage where the consent of one party was obtained by fraud - This Court has no hesitation in holding on issue No. 2 that the petitioner is entitled to get a decree of nullity of the marriage between the petitioner and the respondent which was solemnized - Petition is allowed. (Paras 24, 25)

M. S. SHAH, J.

( 1 ) THIS is a petition filed by a Christian wife for a decree of nullity of marriage with the respondent, also a Christian, particularly on the ground that the consent of the petitioner for the marriage in question with the respondent was obtained by fraud.

( 2 ) THE petitioners case, as stated in the petition, is as under :-2. 1 both the petitioner as well as the respondent are Christians. Their marriage was solemnized on 19. 5. 1985 at St. Marry"s Church, Kuravilangadu, Kerala in accordance with the religious rites and customs of Roman Catholic. 2. 2 the petitioner had a decent job in Ahmedabad since 1982, but due to the frequent communal riots in Ahmedabad, the petitioner thought of getting married and settling down in Kerala. During the summer vacation of 1985, the petitioner went to Kerala to meet her parents. At that time, one of her neighbours Mr Chako brought a proposal of marriage through his friend Mr Mathachan. Mr Mathachan is a marriage broker who had taken Rs. 1000. 00 by way of commission. Mr Mathachan introduced the respondent as an eligible bachelor to the petitioner. The respondent informed the petitioner and her parents that he had done his B. A. and was working with AGRO Corporation and drawing a salary of Rs. 1400. 00. He also informed the petitioner that he was the owner of 3 acres of fertile land with a house in Kerala. Since the petitioner did not have enough time to examine the correctness of the statements made by the respondent, relying upon the broker who was introduced by the neighbour of the petitioners parents, they went ahead with the said proposal. 2. 3 the petitioner and the members of her family were particular that the bridegroom should be educated and employed and should have sound financial stability. The petitioner also wanted that her husband should have sufficient educational qualification. In the above circumstances, the petitioner and her family members were very particular about the educational qualification, job and financial status of the bridegroom. They told the respondent and his relatives that they are interested in the alliance only if the bridegroom is having good academic qualification and only if he is well placed in life. In reply to these specific demands, the petitioner and her relatives were told by the respondent and the broker that the respondent is a graduate and employed in an organization viz. AGRO Engineering Corporation, a State Government undertaking and was drawing a handsome salary of Rs. 1400. 00 a month + other allowances. The respondent had also told the petitioner that he is the youngest son of his parents. He had also told the petitioner that his two elder brothers are already married and living separately. Relying upon the statements given by the respondent, the petitioner and her parents decided to proceed with the marriage. The petitioner met the respondent only three times prior to the engagement as it was an arranged marriage. The petitioner had never met the respondent privately before the marriage. 2. 4 before the engagement the respondent demanded a pocket money of Rs. 10,000. 00 from the father of the petitioner though it was not a custom. At the time of the marriage, the respondent demanded a sum of Rs. 1,00,000. 00 by way of dowry which the petitioners father declined. However, the petitioners father gave him gold and property of 50 cents worth Rs. 1,00,000. 00 at the relevant time. On 19. 5. 1985, the petitioner and the respondent got married at Sr. Marrys Church, Kuravilangadu. After the marriage, there was no honeymoon. The respondent did not take the petitioner to any of his relatives or friends places. After the marriage, the petitioner stayed with the respondent for about a month and during the last week of June, 1985 the petitioner returned to Ahmedabad. During this stay with the petitioner, the respondent mortgaged the gold which was given to him at the time of marriage in order to meet his financial requirements. At the



























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