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Judges : P.A.MOHAMMED,D.SREEDEVI
Saly Joseph - Appellant
Versus
Baby Thomas - Respondent
Case No : M.F.A.No. 432 of 1998
Decided On : 11/16/1998
Advocates Appeared :
Lekha Suresh For Appellant
Fraud - Nullity of Marriage - S.18 of the Indian Divorce Act - S.19 - Canon Law - The court examined the concept of fraud in matrimonial cases and its application under the Indian Divorce Act and Canon Law. The appellant sought a decree of nullity of marriage on the ground that her consent was obtained by fraud. The court considered the evidence and held that the consent for the marriage was obtained by fraud, leading to the declaration of the marriage as null and void.
Fact of the Case:
The appellant, a Christian, sought a decree of nullity of marriage on the ground that her consent was obtained by fraud. The respondent denied the allegations of fraud and contested the petition. The court examined the evidence presented by both parties and the relevant legal provisions.
Finding of the Court:
The court found that the appellant's consent for the marriage was obtained by fraud, as the respondent had concealed his true educational qualifications and misrepresented his employment status. The court held that the marriage between the appellant and the respondent was declared as null and void under S.18 of the Indian Divorce Act.
Issues: The main issue was whether the appellant's consent for the marriage was obtained by fraud, and whether the grounds for a decree of nullity under S.18 and S.19 of the Indian Divorce Act were applicable in the case.
Ratio Decidendi: The court relied on the evidence presented by the appellant and the principles of fraud in matrimonial cases under the Indian Divorce Act and Canon Law. The court also considered the relevant legal provisions and precedents to reach its decision.
Final Decision: The court allowed the appeal, set aside the decree and judgment appealed against, and declared the marriage between the appellant and the respondent as null and void. No costs were awarded.
D. Sreedevi, J.
This appeal is directed against the judgment and decree of the learned single judge dated 23.1.1998 in O.P. No. 3008 of 1996 of this Court, by which the appellant's application for a decree of nullity of marriage was dismissed.
2. The appellant and the respondent are Christians and their marriage was solemnised as per the religious customs and ceremonies on 9.2.1994 at St. Thomas Church, Retnagiri, Pattithanam. Thereafter, they lived together till 10.3.1994,
3. The petitioner is a staff nurse employed in Doha under the Ministry of Quatar from March, 1992 onwards. The petitioner would allege that the respondent and his people made her and her people to believe that he has passed Pre-degree Examination and two years Diploma Course in Air Conditioning and is employed as Air Condition Mechanic in the Government Service in Behrain on a monthly salary of Rs. 30,000/-, with free boarding and lodging and annual leave of two months with free passage to go home. as Beharin is of only 30 minutes journey by air from Doha where she has been working and as he is working as Air Conditioning Mechanic, the petitioner and her people preferred him and they never suspected any fraud. The petitioner also states that she was made to believe that he has to go back to his place of employment on 22.2.1994 as he has come on leave for two months from 17.12.1993. The marriage was therefore arranged and solemnised hurriedly on 9.2.1994, The respondent did not return to Behrain on 22.2.1994. He has revealed to her that he has no diploma in Air Conditioning and he has not even passed Pre-degree course and his service at Beharin as a Salesman was terminated and hence he is in search of another job. According to her, she would never have consented to the marriage if she had known about his educational qualifications. Therefore, she prays for a decree of nullity of marriage on the ground that her consent was obtained by fraud.
4. The respondent denied all the averments regarding the fraud alleged in the petition.
He states that after completing his schooling he left for Beharin on 4.6.1989, worked there in a Super Market as Sales-man and returned on 11.9.1993. Thereafter, he applied for fresh visa and was awaiting for a new employment abroad. He states that he had informed the broker that he was working in the Super Market on a monthly salary of Rs. 9,000/- and that his visa was cancelled and he is trying for getting another visa within two months. After knowing all these, the petitioner and others decided to proceed with the proposal and accordingly the marriage was solemnised. According to him, the relationship between the petitioner and the respondent was cordial till she left for Doha on 10.3.1994. He would also contend that his new visa was delayed because of the out-break of plague epidemic in India. He had to wait for 10 months and at last he got a job on 25.1.1994 and this suit is laid at the instance of her father.
5. The learned single judge held that the petitioner has not succeeded in adducing satisfactory evidence to establish that the respondent and his people played deliberate fraud upon the petitioner and her relations.
6. Aggrieved by the said decree dismissing the O.P., this Appeal has been filed by the petitioner.
7. In order to establish fraud, the petitioner examined PWs.1 to 3. The petitioner as PW.1 has deposed to the averments in the petition. She states that the proposal for the marriage was brought by a broker and the broker told her parents that the respondent had passed Pre-degree and Diploma in Air Conditioning in A.C Mechanism and that he is employed in Behrain as A.C Mechanic drawing a salary of Rs. 30,000/-in addition to free accommodation, free air ticket etc., and that he had come on leave and has to go back on 22.2.1994. She also states that when the respondent came for bride seeing he had told her about his educational qualifications and job. She states that she preferred this proposal for the reason that
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