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2000 Supreme(Ker) 541

K.A.MOHAMMED SHAFI
Benny Mathew – Appellant
Versus
Philomina – Respondent


Judgment :-

K.A. Mohamed Shafi, J.

This O.P. is filed by a Christian husband to declare his marriage with the respondent is a nullity under S.19 of the Indian Divorce Act.

2. The petitioner married the respondent on 8.2.1987, in accordance with Christian rites and ceremonies. It was an arranged marriage. After marriage, they lived together in the house of the petitioner for 3 days and thereafter in the house of the respondent for 3 days. Subsequently, they went to Indore. The petitioner has contended that after 4 weeks of living in Indore, the respondent showed signs of mental illnesss and therefore she was taken to a Homoeo Doctor at Indore who said that she may be suffering from home sickness. The parents of the petitioner was informed and her father, mother and sister went to Indore and gave some medicines to the respondent. When the condition of the respondent was improved, the father and sister returned first. Subsequently the mother also returned. Again she became ill. As she insisted that she should be taken back home, the petitioner took the respondent to the native place in train. While travelling in train, the respondent informed the petitioner about her mental illness and













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