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IN THE HIGH COURT OF ALLAHABAD
S. P. SRIVASTAVA
NIRMAL DASS BOSE - Appellant
Versus
KM.MAMTA GULATI - Respondents
First Appeal 91 Of 1995
Decided On : 10/11/1996
SPECIAL MARRIAGE ACT, 1954 - SECTION 12(2) - NULLITY OF MARRIAGE - ABSENCE OF DECLARATION - EFFECT - MARRIAGE NOT COMPLETE AND BINDING - GROUNDS FOR NULLITY - EXHAUSTIVE OR ENUMERATIVE - SECTION 24 - INTERPRETATION - CONCLUSIVE EVIDENCE - SECTION 13(2) - CERTIFICATE IN MARRIAGE CERTIFICATE BOOK - EFFECT - CONCLUSIVE PROOF - DISTINCTION - FORMALITIES OF MARRIAGE - VARIATION - STATUTORY REQUIREMENT UNDER SECTION 12(2) - MANDATORY - NON-COMPLIANCE - EFFECT - SHAM MARRIAGE - ABSENCE OF CEREMONY OR FUNCTION - NON-CONSUMMATION - INEXPERIENCE AND TENDER AGE OF RESPONDENT - FRAUDULENT MISREPRESENTATION - NOTICE UNDER SECTIONS 5 AND 6 - PURPOSE - NON-ISSUANCE - FATAL DEFECT - IRREGULARITY - EFFECT.
Fact of the Case:
The appellant, a taxi operator, married the respondent, a college student, under the Special Marriage Act, 1954. The respondent filed a petition for annulment of the marriage on the grounds of coercion, fraud, and undue influence. The appellant contested the petition, claiming that the marriage was valid and that the respondent had consented to it freely.
Finding of the Court:
The trial court found that the appellant had not made the declaration required under Section 12(2) of the Special Marriage Act, 1954, at the time of the marriage. It also found that the notice required under Sections 5 and 6 of the Act had not been issued. The court concluded that the marriage was null and void and granted a decree of annulment.
Issues: 1. Whether the absence of the declaration required under Section 12(2) of the Special Marriage Act, 1954, renders the marriage null and void? 2. Whether the grounds for nullity of marriage specified in Section 24 of the Act are exhaustive or enumerative? 3. Whether the certificate entered in the Marriage Certificate Book under Section 13(2) of the Act is conclusive evidence of the validity of the marriage? 4. Whether the non-issuance of the notice required under Sections 5 and 6 of the Act is a fatal defect?
Ratio Decidendi: 1. Yes, the absence of the declaration required under Section 12(2) of the Special Marriage Act, 1954, renders the marriage null and void. The declaration is a mandatory requirement and its non-compliance prevents the conferment of marital status on the parties. 2. No, the grounds for nullity of marriage specified in Section 24 of the Act are not exhaustive. Other grounds, such as the absence of the declaration required under Section 12(2), may also render a marriage null and void. 3. No, the certificate entered in the Marriage Certificate Book under Section 13(2) of the Act is not conclusive evidence of the validity of the marriage. It is only conclusive evidence of the fact that a marriage under the Act has been solemnized and that the formalities respecting the signatures of the witnesses have been complied with. 4. No, the non-issuance of the notice required under Sections 5 and 6 of the Act is not a fatal defect. It is an irregularity that does not go to the root of the matter and cannot be taken to nullify a marriage in fact.
Final Decision: The appeal was dismissed, and the decree of annulment granted by the trial court was upheld.
( 1 ) FEELING aggrieved by the annulment of his marriage solemnized under the Special Marriage Act, 1954, the husband appellant has approached this Court in appeal praying forthe setting aside of the decree of nullity granted against him by the Court below.
( 2 ) DURING the pendency of this appeal, to explore the possibility of conciliation the appellant and the contesting respondent were required to appear in chambers. However, the effort to bring about a conciliation could not materialise and from the observations as noted in the order dated 21-3-96, it was apparent that Mamta Gulati, the respondent-has reached a point of no return. In the aforesaid circumstances, the appeal has been heard on merits.
( 3 ) I have heard Sri Rajesh Tandon, learned Counsel for the appellant and Sri Ranjit Saxena, learned Counsel representing the plaintiff respondents and have carefully perused the record.
( 4 ) THE matrimonial petition No. 2 of 1987 was filed by the respondent describing herself as Km. Mamta Gulati, apparently disowning the matrimonial status, asserting that she belonged to a respectable family of Dehradun and her father was a Government Employee in a department of the Ministry of Defence and her uncle had a well established taxi business which was being run in the name and style o Gulati Taxi Service and who was also doing business in the Motor spare parts disclosing her date of birth to be 25/08/1968. It was alleged that she knew the appellant Nirmal Das Bose for the past three years who used to meet her whenever she went to her college where she was studying and pursuing the undergraduate course of study and it was during this period that he had developed friendship with her. It was claimed that the appellant came forward with a proposal to marry her and she was so much dominated and influenced by the defendant who had gone to the extent of telling her that incase of her refusal he will kill her, that she could not refuse and on 11-11-85 the defendant met her in the market and took her in his taxi car to the house of his friend and from there taking two of his friends he took her to the residence of Sri Ashok Kumar Agarwal. Advocate, the Marriage Officer. Dehradun where she signed some papers and alter the signatures had been appended the defendant dropped her near her residence. It was asserted that not only during the period anterior to 11/11/1985 but also during the subsequent period, she had always been residing with her parents. She had not disclosed the factum of marriage to her parents on account of fright. But after some time she told the fact to her father who made enquiries from which it transpired that the defendant has misrepresented in regard to his age, his education, his income, his property his family and had the plaintiff known about the real facts she would have never agreed to the marriage. It was alleged that the consent of the defendantrespondent was obtained by coercion and fraud and also by keeping the plaintiff under hypnotic influence of the appellant. She asserted that the alleged marriage was never consummated and she never lived with the defendant at any time as his wife. It was also asserted that there were irreconcilable cultural differences between her and the defendant and the way of the life of the appellant was such that it was not possible for her to live with him. She also alleged that she had a genuine apprehension that if she was made to live with the appellant then she will suffer mentally physically and emotionally and the cruelty already suffered by her from the whole conduct of the appellant was unbearable. It was also indicated that the appellant had abused and threatened her uncle, brothers and cousins saying that if they do not get the case withdrawn, he would kill them. Report to this effect was lodged with the police on 21-71993, It was also alleged that the appellant husband had threatened the counsel engaged by her in the case that he would kill him if the
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