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2003 Supreme(Ker) 734

K.A.ABDUL GAFOOR, K.THANKAPPAN
A. B. Jisha – Appellant
Versus
K. S Dilip – Respondent


JUDGMENT

K.A. Abdul Gafoor, J.

1. An infantile disorder has put the appellant and respondent into this trouble of fighting cases in the Family Court and before this court.

2. The appellant was born on 3.5.1980. On 28.9.1998 when she had just crossed the border line of 18 years as provided in S.5(iii) of the Hindu Marriage Act, 1955, both of them in the presence of Babitha, stated to be a friend, and others in a Mutt of which RW5 was the priest, got married themselves garlanding each other as stated by RW.5. Immediately after the marriage, both of them went to their own houses. Admittedly, the marriage has not been consummated. Later, the appellant girl found out the folly behind these and had a rethinking, perhaps, due the counselling by the parents and relatives. She filed O.P.No.564/98 in the Family Court, Kozhikode seeking a declaration that the ceremonies conducted on 28.9.1998 does not result in a marriage and consequently for a declaration that the appellant does not have the status of a wife of the respondent. This petition had to be filed, in the wake of an advertisement appeared in one among the vernacular dailies at the instance of the respondent that the appellant was his w







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